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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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LOOKING AT A SUMMARY ASSESSMENT: WHAT IS BEING ASSESSED? HOURLY RATES AND CAN LONDON SOLICITORS BE JUSTIFIED?

LOOKING AT A SUMMARY ASSESSMENT: WHAT IS BEING ASSESSED? HOURLY RATES AND CAN LONDON SOLICITORS BE JUSTIFIED?

August 25, 2021 · by gexall · in Assessment of Costs, Costs, Members Content, Summary assessment,

Sometimes it is interesting to see what happens in summary assessments.  Very few are reported and looking at those that are can help litigators get a “feel” for the process.  In this respect of the judgment of HHJ Matthews (sitting…

UNLESS ORDER MADE WHEN THE CLAIMANT HAD NOT PAID AN INTERLOCUTORY ORDER FOR COSTS

UNLESS ORDER MADE WHEN THE CLAIMANT HAD NOT PAID AN INTERLOCUTORY ORDER FOR COSTS

March 1, 2021 · by gexall · in Civil Procedure, Costs, Members Content, Peremptory orders, Striking out, Summary assessment,

In Junejo v New Vision TV Ltd [2021] EWHC 449 (QB) Deputy Master Hill QC made a peremptory order that the claimant pay an order for costs.  However that payment was to be by instalments.  There is a useful review…

HOURLY RATES AND THE SUMMARY ASSESSMENT OF COSTS: SOME INTERESTING ISSUES

HOURLY RATES AND THE SUMMARY ASSESSMENT OF COSTS: SOME INTERESTING ISSUES

February 8, 2021 · by gexall · in Assessment of Costs, Costs, Members Content, Summary assessment,

In ABS Company Ltd v Pantaenius UK Ltd & Ors [2020] EWHC 3720 (Comm)  HHJ Pelling QC assessed costs at the end of a trial.  There are some interesting observations in relation to hourly rates, and the conduct of litigation…

SUMMARY ASSESSMENT OF COSTS: WHAT TO DO IF YOU ARE PRESSED FOR TIME

SUMMARY ASSESSMENT OF COSTS: WHAT TO DO IF YOU ARE PRESSED FOR TIME

December 2, 2020 · by gexall · in Applications, Assessment of Costs, Costs, Members Content, Summary assessment,

I am looking again at the judgment of HHJ Hodge QC in  Cohen v Fine & Ors [2020] EWHC 3278 (Ch) a because, in concentrating on the issues relating to hourly rates, the other important part of the judgment may…

HOURLY RATES ALLOWED SHOULD BE INCREASED, AT LEAST, BY INFLATION: APPEAL AGAINST SUMMARY ASSESSMENT OF COSTS ALLOWED.

HOURLY RATES ALLOWED SHOULD BE INCREASED, AT LEAST, BY INFLATION: APPEAL AGAINST SUMMARY ASSESSMENT OF COSTS ALLOWED.

December 2, 2020 · by gexall · in Appeals, Assessment of Costs, Costs, Members Content, Summary assessment,

I am grateful to Sean Linley for drawing my attention to the judgment of HHJ Hodge QC in  Cohen v Fine & Ors [2020] EWHC 3278 (Ch).That judgment has some interesting things to say in relation to current hourly rates…

THE COSTS OF PRE-ACTION DISCLOSURE: IS IT WORTH THE RISK? £40,000 SPENT IN COSTS FOR DOCUMENTS THAT WERE AVAILABLE UNDER GDPR

THE COSTS OF PRE-ACTION DISCLOSURE: IS IT WORTH THE RISK? £40,000 SPENT IN COSTS FOR DOCUMENTS THAT WERE AVAILABLE UNDER GDPR

February 2, 2020 · by gexall · in Applications, Assessment of Costs, Costs, Members Content, Summary assessment,

I am looking again at the decision in  Hussain v Medical Defence Union & Anor [2020] EWHC 157 (QB). This time I am looking at the order in relation to costs.  The application cost in excess of £40,000 in relation to…

SUMMARY ASSESSMENT AND HOURLY RATES: "SOLICITORS PROVIDING SUCH SKILL AND EXPERTISE ARE ENTITLED TO CHARGE THE MARKET HOURLY RATE FOR THEIR AREA OF PRACTICE"

SUMMARY ASSESSMENT AND HOURLY RATES: “SOLICITORS PROVIDING SUCH SKILL AND EXPERTISE ARE ENTITLED TO CHARGE THE MARKET HOURLY RATE FOR THEIR AREA OF PRACTICE”

October 4, 2019 · by gexall · in Applications, Assessment of Costs, Civil Procedure, Costs, Members Content, Summary assessment,

In  Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2504 (TCC) Mrs Justice O’Farrell carried out a summary assessment of costs.  She also had something to say in relation to hourly rates.  There is a succinct review…

RELIEF FROM SANCTIONS GRANTED WHERE MONEY PAID 17 HOURS LATE:"A SENSE OF PERSPECTIVE IS NECESSARY"

RELIEF FROM SANCTIONS GRANTED WHERE MONEY PAID 17 HOURS LATE:”A SENSE OF PERSPECTIVE IS NECESSARY”

April 5, 2019 · by gexall · in Appeals, Applications, Civil Procedure, Costs, Members Content, Relief from sanctions, Summary assessment,

In Khandanpour v Chambers [2019] EWCA Civ 570 the Court of Appeal allowed an appeal in relation to a refusal to give relief from sanctions.  A delay in payment of 17 hours of part of the moneys ordered by the…

A MONTREAL CONVENTION CLAIM DOES NOT FALL WITHIN THE PORTAL: FIXED COSTS DO NOT APPLY

A MONTREAL CONVENTION CLAIM DOES NOT FALL WITHIN THE PORTAL: FIXED COSTS DO NOT APPLY

August 16, 2018 · by gexall · in Costs, Fixed Costs, Members Content, Summary assessment,

I am grateful to  Peter Bland from Scott Rees, solicitors,  for sending me a copy of the decision in Mead -v- British Airways Plc*.  Mead v BA template – Final 15 August 2018 (1)This considers the issue of whether a…

COSTS, COPYING AND PROPORTIONALITY

February 19, 2016 · by gexall · in Assessment of Costs, Costs, Members Content, Summary assessment,, Uncategorized

The judgment of His Honour Judge Lochrane in Ryanair Limited -v- Secretary of State for the Home Department [2016] EWFC B5 has attracted some attention. Here I want to look at the short judgment in relation to costs. THE CASE…

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