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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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THE BRIAN MAY COSTS CASE: TRANSCRIPT NOW AVAILABLE: PROPORTIONALITY APPEAL DID NOT BITE THE DUST

THE BRIAN MAY COSTS CASE: TRANSCRIPT NOW AVAILABLE: PROPORTIONALITY APPEAL DID NOT BITE THE DUST

January 15, 2018 · by gexall · in Appeals, Costs, Costs budgeting, Proportionality

Thanks to the good offices of the ACL the judgment on appeal of May -v- Wavell Group Ltd is now available here.  The claimant’s appeal on the issue of proportionality was allowed. The figure of £35,000 plus vat for costs…

COSTS DISALLOWED IN FULL DUE TO MISCONDUCT IN ASSESSMENT PROCESS: COURT OF APPEAL DECISION

December 15, 2017 · by gexall · in Appeals, Conduct, Costs

In GSD Law Ltd v Wardman & Ors [2017] EWCA Civ 2144 the Court of Appeal upheld a decision whereby the claimants’ costs were disallowed because of misconduct during the assessment process.   “The alleged misconduct in this case goes to…

SOLICITOR AND OWN CLIENT ASSESSMENTS:  PROPORTIONALITY CONSIDERED

SOLICITOR AND OWN CLIENT ASSESSMENTS: PROPORTIONALITY CONSIDERED

November 4, 2017 · by gexall · in Appeals, Assessment of Costs, Conduct, Costs, Proportionality

In October last year I wrote how a speaker at the Association of Cost Lawyers Conference predicted a rise in the number of solicitor and own-client assessments. It has to be said that there have been some interesting cases in…

BOUNDARIES, BORDERS AND COSTS: IF YOU LEAVE THE ISSUE OF COSTS TO THE JUDGE YOU MAY NOT GET THE ANSWER YOU WANT

BOUNDARIES, BORDERS AND COSTS: IF YOU LEAVE THE ISSUE OF COSTS TO THE JUDGE YOU MAY NOT GET THE ANSWER YOU WANT

April 25, 2017 · by gexall · in Appeals, Costs

The judgment of the Court of Appeal in Powles -v- Reeves [2016] EWCA Civ 1375 shows the dangers of not being able to agree the principle of who should pay the costs of litigation. It shows the dangers of just…

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