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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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ITS OFFICIAL - THE BEST COSTS ADVICE YOU CAN GIVE TO A YOUNG LAWYER: READ IT HERE: CONTEST WINNER

ITS OFFICIAL – THE BEST COSTS ADVICE YOU CAN GIVE TO A YOUNG LAWYER: READ IT HERE: CONTEST WINNER

February 2, 2023 · by gexall · in Costs, Webinar

Following detailed discussions by the judging panel the winner of the Wig and Pens Prize for the best costs advice has been decided.   THE CRITERIA “What single piece of Advice on costs would you give to a young lawyer? …

COST BITES 55: A NON-PARTY COSTS ORDER NOT MADE AGAINST CLAIMANT'S SOLICITORS IN RELATION TO COSTS OF ASSESSMENT: QOCS MAY BE A PROBLEM FOR THE DEFENDANT - BUT THIS IS NOT THE WAY TO SOLVE IT...

COST BITES 55: A NON-PARTY COSTS ORDER NOT MADE AGAINST CLAIMANT’S SOLICITORS IN RELATION TO COSTS OF ASSESSMENT: QOCS MAY BE A PROBLEM FOR THE DEFENDANT – BUT THIS IS NOT THE WAY TO SOLVE IT…

January 31, 2023 · by gexall · in Assessment of Costs, Costs

In PME v The Scout Association [2023] EWHC 158 (SCCO) Costs Judge Leonard rejected the defendant’s argument that a non-party costs order should be made against the claimant’s solicitors in relation to the defendant’s costs of assessment and subsequent applications…

COST BITES 52: "WE WANT IT ALL AND WE WANT IT NOW": COURT REFUSES CLAIMANT'S APPLICATION FOR A SUMMARY ASSESSMENT OF COSTS

COST BITES 52: “WE WANT IT ALL AND WE WANT IT NOW”: COURT REFUSES CLAIMANT’S APPLICATION FOR A SUMMARY ASSESSMENT OF COSTS

January 27, 2023 · by gexall · in Assessment of Costs, Costs, Interim Payments, Summary assessment,

One of the aims of this series is to look at those issues of costs that are, on the face of it, incidental to the main issue decided by the court. However, in practical terms, the costs issue is of…

COST BITES 51: CASE FOR FALSE IMPRISONMENT WAS APPROPRIATE FOR THE FAST TRACK NOT SMALL CLAIMS TRACK: DECISION UPHELD ON APPEAL

COST BITES 51: CASE FOR FALSE IMPRISONMENT WAS APPROPRIATE FOR THE FAST TRACK NOT SMALL CLAIMS TRACK: DECISION UPHELD ON APPEAL

January 25, 2023 · by gexall · in Appeals, Case Management, Costs

In Wilkins v Serco Ltd [2023] EWHC 61 (KB) Mrs Justice Heather Williams rejected the defendant’s appeal in relation to allocation of a case for false imprisonment. She upheld a finding that the case would have been allocated to the…

COSTS REDUCED BY 70% BECAUSE OF MISCONDUCT IN ASSESSMENT (AFTER BEING REDUCED BY 95% DURING THE ASSESSMENT): CLAIMANT'S APPLICATION FOR PERMISSION TO APPEAL REFUSED

COSTS REDUCED BY 70% BECAUSE OF MISCONDUCT IN ASSESSMENT (AFTER BEING REDUCED BY 95% DURING THE ASSESSMENT): CLAIMANT’S APPLICATION FOR PERMISSION TO APPEAL REFUSED

January 20, 2023 · by gexall · in Appeals, Applications, Assessment of Costs, Conduct, Costs

The judgment of Mr Justice Murray  in AB v Secretary of State for Justice [2023] EWHC 72 (KB) is part of an extraordinary saga in relation to a costs assessment. Costs had been reduced by 95% on assessment and reduced…

COST BITES 48: WHERE THE ONLY RELEVANCE OF THE BUDGET IS TO SET AN UPPER LIMIT ON RECOVERABLE COSTS: THE ESCALATING COSTS OF "METAPHORICAL WARFARE"

COST BITES 48: WHERE THE ONLY RELEVANCE OF THE BUDGET IS TO SET AN UPPER LIMIT ON RECOVERABLE COSTS: THE ESCALATING COSTS OF “METAPHORICAL WARFARE”

January 17, 2023 · by gexall · in Assessment of Costs, Conduct, Costs

We are returning to the judgment of Costs Judge Leonard in Reed v Woodward Property Developments Ltd & Anor [2023] EWHC 36 (SCCO) to look at two other aspects of the case. The first relates to the relevance of the costs…

COST BITES 47: PROVING (OR DISPROVING) THAT THERE WAS A VALID RETAINER: APPORTIONING RECOVERABLE COSTS BETWEEN TWO DEFENDANTS

COST BITES 47: PROVING (OR DISPROVING) THAT THERE WAS A VALID RETAINER: APPORTIONING RECOVERABLE COSTS BETWEEN TWO DEFENDANTS

January 16, 2023 · by gexall · in Assessment of Costs, Costs

In  Reed v Woodward Property Developments Ltd & Anor [2023] EWHC 36 (SCCO) Costs Judge Leonard considered a number of issues.  Firstly the court’s approach when there was a dispute as to whether there was a valid retainer. Secondly questions…

THE COSTS JUDGE OVER YOUR SHOULDER 2023 - MAXIMISING RECOVERY: WEBINAR 6th APRIL 2023

THE COSTS JUDGE OVER YOUR SHOULDER 2023 – MAXIMISING RECOVERY: WEBINAR 6th APRIL 2023

January 11, 2023 · by gexall · in Uncategorized

The recent judgment in Deutsche Bank AG v Sebastian Holdings Inc [2023] EWHC 9 (SCCO) illustrates the problems that receiving parties can cause for themselves.  The claimant’s bill was reduced by 31% (£16.9 million) despite the assessment being on an indemnity…

COST BITES 44: THE COSTS OF ASSESSMENT: THE RELEVANCE OF CONDUCT, ARE PART 36 OFFERS SIGNIFICANT?

COST BITES 44: THE COSTS OF ASSESSMENT: THE RELEVANCE OF CONDUCT, ARE PART 36 OFFERS SIGNIFICANT?

January 11, 2023 · by gexall · in Appeals, Assessment of Costs, Costs, Part 36

We are returning to the judgment of Mrs Justice Stacey in TRX v Southampton Football Club [2022] EWHC 3392 (KB).  The judge made some observations in relation to the costs of the assessment process.  In particular the interplay of CPR 47.20…

COST BITES 43: CLAIMANT'S COSTS INCURRED BEFORE CFA SIGNED WERE RECOVERABLE

COST BITES 43: CLAIMANT’S COSTS INCURRED BEFORE CFA SIGNED WERE RECOVERABLE

January 10, 2023 · by gexall · in Appeals, Assessment of Costs, Costs

In TRX v Southampton Football Club [2022] EWHC 3392 (KB) Mrs Justice Stacey considered a number of issues relating to costs.  One of those was the question of whether pre-CFA costs were recoverable. This required a close consideration of the…

COST BITES 15:  DEPARTING FROM THE GUIDELINE RATES FOR SPECIALIST WORK  DONE OUTSIDE LONDON

COST BITES 15: DEPARTING FROM THE GUIDELINE RATES FOR SPECIALIST WORK DONE OUTSIDE LONDON

August 15, 2022 · by gexall · in Assessment of Costs, Costs

In Lappet Manufacturing Company Ltd & Anor v Rassam & Ors [2022] EWHC 2158 (Ch) Mr Justice Adam Johnson allowed a higher hourly rate for a solicitor working outside London. The rate allowed, for a Nottingham firm, was £350 an…

PART 36 & COSTS: DEFENDANT COULD NOT SHOW INJUSTICE WHEN IT ACCEPTED A PART 36 OFFER OUT OF TIME: "PART 36 IS INTENDED TO BE A TWO-WAY STRAIGHT AND NARROW HIGHWAY"

PART 36 & COSTS: DEFENDANT COULD NOT SHOW INJUSTICE WHEN IT ACCEPTED A PART 36 OFFER OUT OF TIME: “PART 36 IS INTENDED TO BE A TWO-WAY STRAIGHT AND NARROW HIGHWAY”

August 9, 2022 · by gexall · in Assessment of Costs, Costs, Part 36

In Holly Wright (& others) -v- Birmingham City Council District Judge Baldwin (sitting as Regional Costs Judge)* rejected an attempt by a defendant to obtain its costs where it accepted the claimants’ Part 36 offers late.  The judge held that…

THE COSTS JUDGE OVER YOUR SHOULDER 2: THERE WAS NO MISCONDUCT BY THE CLAIMANTS, HOWEVER THE COSTS OF ARGUING ABOUT CONDUCT WERE NOT ALLOWED

THE COSTS JUDGE OVER YOUR SHOULDER 2: THERE WAS NO MISCONDUCT BY THE CLAIMANTS, HOWEVER THE COSTS OF ARGUING ABOUT CONDUCT WERE NOT ALLOWED

June 24, 2022 · by gexall · in Assessment of Costs, Conduct, Costs

In  Balaj & Ors v Secretary of State for the Home Department [2022] EWHC 1627 (SCCO) Costs Judge James considered, and rejected, the defendant’s arguments that the claimant’s conduct should lead to costs being reduced.  However the costs of the…

THE COSTS JUDGE OVER YOUR SHOULDER: A WORKING EXAMPLE: THE DETAILED ASSESSMENT OF COSTS: HOURS, SUPERVISION AND THE USE OF COUNSEL

THE COSTS JUDGE OVER YOUR SHOULDER: A WORKING EXAMPLE: THE DETAILED ASSESSMENT OF COSTS: HOURS, SUPERVISION AND THE USE OF COUNSEL

June 24, 2022 · by gexall · in Assessment of Costs, Costs

The judgment of Master Rowley in  Lyle & Anor v Bedborough & Anor [2022] EWHC 1628 (SCCO) gives an insight into the process of detailed assessment of costs. The Master considered the complexity of the case, the use of counsel…

THE COSTS JUDGE OVER YOUR SHOULDER: THINKING ABOUT DETAILED ASSESSMENT OF COSTS FROM THE OUTSET: WEBINAR 20th JULY 2022

THE COSTS JUDGE OVER YOUR SHOULDER: THINKING ABOUT DETAILED ASSESSMENT OF COSTS FROM THE OUTSET: WEBINAR 20th JULY 2022

May 23, 2022 · by gexall · in Assessment of Costs, Costs, Webinar

The assessment of costs is a crucial stage in litigation. Detailed assessment usually takes place after attempts at settlement of costs have failed and there are some major differences between the parties.  Relatively few litigators have experience of attending a…

PAYING PARTY REFUSED PERMISSION TO RELY ON LATE POINTS OF DISPUTE IN ASSESSMENT: DECISION UPHELD ON APPEAL

PAYING PARTY REFUSED PERMISSION TO RELY ON LATE POINTS OF DISPUTE IN ASSESSMENT: DECISION UPHELD ON APPEAL

May 20, 2022 · by gexall · in Appeals, Assessment of Costs, Relief from sanctions

In Celtic Bioenergy Ltd v Knowles Ltd [2022] EWHC 1223 (QB) Mrs Justice Foster refused the defendant’s appeal in a case where a very late addition to the points of dispute had been refused by Master Campbell.  The issues that…

JUDGE VARIES ORDER SO SUMMARY ASSESSMENT OF COSTS REPLACES DETAILED ASSESSMENT: COSTS SUMMARILY ASSESSED AT £7,250,000

JUDGE VARIES ORDER SO SUMMARY ASSESSMENT OF COSTS REPLACES DETAILED ASSESSMENT: COSTS SUMMARILY ASSESSED AT £7,250,000

April 11, 2022 · by gexall · in Applications, Assessment of Costs, Costs

In Pipia v Bgeo Group Ltd [2022] EWHC 846 (Comm) Mr Justice Henshaw took the unusual step of replacing an order for detailed assessment with an order for a summary assessment and then assessing the costs. THE CASE The defendant…

DEFENDANTS HAVE TO PAY COSTS OF ATE PREMIUM: DEEMED ORDER FOR COSTS FOLLOWING ACCEPTANCE OF PART 36 OFFER INCLUDES THE COSTS THE ATE PREMIUM

DEFENDANTS HAVE TO PAY COSTS OF ATE PREMIUM: DEEMED ORDER FOR COSTS FOLLOWING ACCEPTANCE OF PART 36 OFFER INCLUDES THE COSTS THE ATE PREMIUM

April 10, 2022 · by gexall · in Assessment of Costs, Clinical Negligence, Costs

In Dance v East Kent University Hospitals NHS Foundation Trust & Ors [2022] EWHC B9 (Costs) Costs Judge Leonard considered two ingenious arguments where the defendants attempted to avoid paying the claimant’s ATE premium.  This involved consideration of the deemed…

THE INDEMNITY PRINCIPLE BITES ON A SUCCESSFUL DEFENDANT BUT NOT ON A SUCCESSFUL CLAIMANT INSURER: CLAIM £438,388.95 IN COSTS, RECOVER £1,368.75.

THE INDEMNITY PRINCIPLE BITES ON A SUCCESSFUL DEFENDANT BUT NOT ON A SUCCESSFUL CLAIMANT INSURER: CLAIM £438,388.95 IN COSTS, RECOVER £1,368.75.

March 20, 2022 · by gexall · in Assessment of Costs, Committal proceedings, Costs

Issues relating to the indemnity principle give rise to a number of issues in litigation about costs. The principles loom large in the judgment of Costs Judge Leonard in Liverpool Victoria Insurance Co Ltd v Khan & Ors [2022] EWHC…

PERSONAL INJURY CASE SHOULD HAVE BEEN DEALT WITH BY A GRADE C FEE EARNER: SENIOR COSTS OFFICE DECISION

PERSONAL INJURY CASE SHOULD HAVE BEEN DEALT WITH BY A GRADE C FEE EARNER: SENIOR COSTS OFFICE DECISION

March 14, 2022 · by gexall · in Assessment of Costs, Costs

In  TRX v Southampton Football Club Ltd [2022] EWHC B7 (Costs) Master Brown held that a low value personal injury case, arising from allegations of abuse, should be dealt with by a Grade C fee earner.  This not authority for…

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