COST BITES 191: COSTS BILL REDUCED TO NIL BECAUSE OF MISCONDUCT ON ASSESSMENT: “THIS IS THE WORSE EXAMPLE OF TAMPERING WITH A FILE OF PAPERS THAT I HAVE EVER ENCOUNTERED”
I am grateful to Simon Gibbs of GWS Costs for sending me a copy of the judgment of Costs Judge James in Kapoor -v- Johal [2024] EWHC 2853 (SCCO). The judge made findings of serious misconduct by the receiving party…
COST BITES 190: INTERIM STATUTE BILLS, DISCOUNTED CFA ARRANGEMENTS AND PARALLEL REALITY- A DIFFICULT MIXTURE
In Blue Manchester Ltd v Howard Kennedy LLP [2024] EWHC 2823 (SCCO) Costs Judge Nagalingham considered the issue of whether interim bills sent out under the terms of a discounted CFA. The judge found that interim bills rendered in these…
COST BITES 189: COSTS OF OVER £1 MILLION FOR ARGUING ABOUT WHETHER THERE SHOULD BE A TRIAL OF A PRELIMINARY ISSUE
There are a number of important observations in the judgment of HHJ Pelling KC, sitting as a High Court Judge, in Viegas & Ors v Cutrale & Ors [2024] EWHC 2778 (Comm). In particular the reminder to commercial litigants that…
WEBINAR ON NON-PARTY COSTS ORDERS: 5th NOVEMBER 2024
My colleagues Steven Turner and Andrew Hogan are presenting a free webinar on the 5th November on Non-Party Costs Orders. Booking details are available here. The webinar considers the law practice and procedure relating to non-party costs orders in the context…
COST BITES 183: A SERIES OF BILLS WERE NOT STATUTE BILLS: “CHAMBERLAIN” NOT ENGAGED: THE JUDGE WOULD HAVE FOUND “SPECIAL REASONS” TO ALLOW ASSESSMENT IN ANY EVENT
In Guest Supplies Intl Ltd v Spector Constant & Williams Limited [2024] EWHC 2450 (SCCO) Costs Judge Nagalingam decided that a series of bills sent by a solicitor were not statutory bills, neither were they “Chamberlain bills”. In any event…
COST BITES 179: CHALLENGING A PROVISIONAL ASSESSMENT: CLAIMANT’S FAILURE TO COMPLY WITH THE RULES LEADS TO CHALLENGE BEING REJECTED
In Christodoulides v Holbech [2024] EWHC 2172 (SCCO) Deputy Costs Judge Roy KC refused a claimant’s application to revisit a provisional assessment. The claimant (the paying party) had not complied with the rules when attempting to challenge the bill and…
COST BITES 176: A WARNING TO ALL WOULD BE INTERVENORS IN CIVIL PROCEEDINGS: IT COULD BE COSTLY (£110,000 IN THIS CASE)
In Betta Oceanway Company v SC Tomini Trading SR (Re Costs) [2024] EWHC 2068 (Comm) Mr Stephen Hofmeyr KC (sitting as a Deputy Judge of the High Court) held that a person who unsuccessfully sought to intervene in civil proceedings…
COST BITES 175: SOLICITOR’S BILLS WERE NOT INTERIM STATUTE BILLS AND COULD BE ASSESSED: COURT OF APPEAL DECISION TODAY
In the judgment today in Signature Litigation LLP v Ivanishvili [2024] EWCA Civ 901 the Court of Appeal upheld an earlier decision of Costs Judge Leonard that a series of bills rendered by the appellant solicitors were not interim statute…
COSTS AFTER A CLAIMANT FAILS ON CLAIM FORM POINTS: SUCCESSFUL DEFENDANTS GET (MOST) OF THEIR COSTS
In Wragg & Ors v Opel Automobile GmbH & Ors [2024] EWHC 1909 (KB) Mr Justice Constable considered issues of costs after the claimants had failed on appeal on late service/extensions of time claim form issues. “Doing justice between the…
COST BITES 171: DEFENDANT WHO RECEIVED LEGAL AID TO DEFEND CIVIL COMMITTAL PROCEEDINGS CAN ONLY RECOVER COSTS AT LEGAL AID RATES
The judgment of Costs Judge Whalan in MBR Acres Ltd & Ors v McGivern [2024] EWHC 1869 (SCCO) highlights an issue that has been on this blog before. A party who obtains legal aid to defendant civil committal proceedings cannot…
“UNNECESSARILY ARGUMENTATIVE OR WASTEFUL CORRESPONDENCE” NOT COUNTENANCED IN COSTS BUDGETING: “IT TAKES TWO TO TANGO”
The post earlier this morning on “intemperate” comments in court documents and correspondence reminded me that I meant to highlight a particular aspect of the judgment in Pan NOx Emissions Litigations [2024] EWHC 1728 (KB). The judgment highlights that unnecessarily argumentative…
COST (MEGA) BITES 166: AN EXAUSTING CASE (iii): “THE CLAIMANTS’ APPROACH TO BUDGETING IS REDOLENT OF FINANCIAL INCONTINENCE”
The general observations made about the budgets in Pan NOx Emissions Litigations [2024] EWHC 1728 (KB) is of importance. The court was particularly scathing of the claimants’ budget. It also rejected the claimants’ contention that the defendants’ budget had been artificially…
COST (MEGA) BITES 165: AN EXHAUSTING CASE (ii): PROPORTIONALITY WHERE THE CLAIMANTS CLAIM THE CASE IS WORTH £6 BILLION: THE PARTIES ARE NOT HANDED A BLANK CHEQUE FOR THE PURPOSE OF RECOVERABLE COSTS
We are continuing with the examination of the judgment of Mr Justice Constable and Senior Costs Judge Saker in Pan NOx Emissions Litigations [2024] EWHC 1728 (KB). This time by looking at the court’s consideration of issues of proportionality when…
COST (MEGA) BITES 164: AN EXHAUSTING CASE:COSTS BUDGETING WHEN THE BUDGETS TOTAL £650 MILLION (1): GENERAL PRINCIPLES
The judgment of Mr Justice Constable sitting with Senior Costs Judge Saker in Pan NOx Emissions Litigations [2024] EWHC 1728 (KB) contains much that is of interest to litigators. The judges budgeted a case where the claimants sought over £342…
COST BITES 163: NO DEDUCTION FROM SUCCESSFUL RESPONDENT’S COSTS: A POINT OR TWO ABOUT “CLIENT’S” SUBMISSIONS
In McAteer v Hat & Mitre & Ors (Re Consequential Matters) [2024] EWHC 1746 (Ch) Sir Anthony Mann (sitting as a High Court Judge) dismissed the unsuccessful appellant’s application that the respondent’s costs be reduced. There were also some important…
COST BITES 160: SOLICITOR AND OWN CLIENT ASSESSMENTS AND THE IMPORTANCE OF “ESTIMATES” OF COSTS
We are looking for the third time at the judgment in St. James v Wilkin Chapman LLP [2024] EWHC 1716 (KB). One of the issues that the (former) client raised was the absence of any accurate estimate in relation to costs…
COST BITES 157: AGREEMENT AS TO COSTS BETWEEN CLIENT AND SOLICITOR WAS CONTRACTUALLY BINDING: APPLICATION FOR SOLICITORS ACT ASSESSMENT STRUCK OUT
NB THIS DECISION WAS OVERTURNED IN AN APPEAL BY CONSENT. SEE THE POST ON THE 8th JULY 2025 I am grateful to my colleague Kevin Latham for drawing my attention to the decision of Mr Justice Eyre in Holcroft v…
COST BITES 155: HOW PARTICULAR SHOULD POINTS OF DISPUTE BE? AINSWORTH PRINCIPLES APPLY TO INTERPARTES ASSESSMENTS
In Wazen v Khan [2024] EWHC 1083 (SCCO) Deputy Costs Judge Roy KC considered the question of how detailed and particularised points of dispute have to be. In particular whether the principles in Ainsworth v Stewarts Law LLP [2020] EWCA Civ…
COST BITES 154: SOLICITOR’S COSTS AND ESTIMATES: A CASE THAT EVERY PRIVATE CLIENT AND EVERY LITIGATOR SHOULD READ
If ever there was a graphic warning of the way that costs can escalate beyond estimates it can be found in the judgment of Costs Judge Leonard in Griffin v Kleyman & Co Solicitors Ltd *[2024] EWHC 1151 (SCCO). The judge rejected…
TRANSFER FROM PART 8 TO PART 7 REVISITED: IT CAN BE AN EXPENSIVE BUSINESS
There have been a lot of cases recently regarding the question of whether an action was properly issued using the Part 8 procedure. We looked at the case of ISG Retail Ltd v FK Construction Ltd [2024] EWHC 878 (TCC) in…
COST BITES 153: ANOTHER ROUND IN THE BREAKDOWN OF MEDICAL REPORT FEES ONGOING SAGA: THE INVOICE SHOULD PROVIDE A BREAKDOWN
I am grateful to Simon Fisher from DWF for providing me with a copy of the judgment of Senior Costs Judge Gordon-Saker in CXR -v- Dome Holdings Limited, a copy of the judgment is available here CXR v Dome…
COST BITES 152: A PARTY MUST PROVIDE A SCHEDULE OF COSTS FOR A HEARING, EVEN IF IT DOESN’T EXPECT TO GET PAID
The judgment of Mr Justice Roth in Scenic International Group Ltd v Adenaike & Ors (Re Costs) [2024] EWHC 1178 (Ch) provides some important observations on the mandatory requirement for a party to produce a schedule of costs if it…
COST BITES 151: DOES QOCS APPLY TO DETAILED ASSESSMENT? YES IT DOES – BUT THE DEFENDANT HAS PERMISSION TO APPEAL
In Challis v Bradpiece [2024] EWHC 1124 (SCCO) Deputy Costs Judge Roy KC considered of whether a claimant had QOCS protection in detailed assessment. He concluded that the claimant continued to have costs protection. He accepted that the point was…
COST BITES 150: WAS THIS A COMPLIANT STATUTE BILL (NO IT WASN’T): PERSONAL INJURY LAWYERS BEWARE
In Hensley v Morris Law Ltd [2024] EWHC 1101 (SCCO) Costs Judge Rowley held that a bill provided by a claimant’s solicitor to their client was not a compliant bill. It is a judgment that emphasises the importance of the…
COST BITES 149: SOLICITORS ACT ASSESSMENT – WERE THESE STATUTE BILLS? (YES THEY WERE)
In Pickering v Thomas Mansfield Solicitors Ltd [2024] EWHC 1107 (SCCO) Costs Judge Brown found that a series of invoices rendered by the defendant solicitors were “statute bills”. He rejected an argument that the requirements for such bills had been…
COSTS – WHEN YOU SOMETIMES THINK THE WORLD HAS GONE MAD: SPEND £28,535 TO CHALLENGE AN ATE PREMIUM OF £392…
In Bendriss v Nicholson Jones Sutton Solicitors Ltd [2024] EWHC 1100 (SCCO) Costs Judge Rowley dismissed a claimant’s application for specific disclosure. One notable aspect of the application was that the claimant had spent £28,535 in respect of this one application in…
PROCEDURE, DAMAGES, LIABILITY, COSTS AND LIMITATION: A SERIES OF WEBINARS THIS YEAR AIMING TO HELP AVOID OR DEAL WITH PROBLEMS IN LITIGATION
The issues arising from many of the cases looked at on this blog are being considered in a series of webinars starting later this month. The webinars cover many of the problem areas of litigation: what to do when things…
COST BITES 145: AGENCY SHOULD PROVIDE A BREAKDOWN OF FIGURES FOR COST OF A MEDICAL REPORT: “ANY AJUDICATION ON PROPORTIONALITY, IN ALL ITS COMPONENT PARTS, DEMANDS TRANSPARENCY”
I am grateful to barrister James Miller for sending me a copy of the decision of HHJ Saggerson in Amini-Edu -v- Esure Insurance Company Ltd (8th March 2024). A copy of the transcript is available here. ENA AMINU-EDU COSTS JUDGMENT…
COST BITES 144: SUMMARY ASSESSMENT, REDUCED FROM £42,267 TO £22,000: A CASE IN POINT
One of the aims of this series is to look at costs issues that would not normally be examined. This is so practitioners can get a “feel” as to what actually goes on in court. A good example of this…
THE GUIDELINE HOURLY RATES: SEE THEM HERE: UPDATED FOR 2026 RATES
The Guideline Hourly Rates changed on 1st January 2026. These are set out below. The 2025 and 2024 rates can be found underneath. Guideline hourly rates 2026 (with previous year’s rates in brackets) Grade Fee Earner London 1 London 2…
COST BITES 140: WANT TO SEE SUMMARY ASSESSMENT IN ACTION: “MANIFESTLY EXCESSIVE” COSTS SUBSTANTIALLY REDUCED EVEN WHEN COSTS WERE BEING ASSESSED ON THE INDEMNITY BASIS
In Alvina Collardeau v Michael Fuchs & Anor [2024] EWHC 642 (Fam) Mrs Justice Knowles summarily assessed the costs a committal application. The judgment is an interest example of the summary assessment of costs, with substantial reductions being made to…
COST BITES 138: IN THE ABSENCE OF A CHARGING CLAUSE THE SOLICITOR COULD NOT BE PAID FOR ACTING AS AN EXECUTOR (SEE ALSO “PROVING THINGS…)
In Brealey v Shepherd & Co Solicitors [2024] EWCA Civ 303 the Court of Appeal upheld a decision that a solicitor Executor could not charge for legal work done in the absence of a charging clause in a will. Although…
COST BITES 136: COSTS JUDGE WAS RIGHT NOT TO ALLOW COSTS OF LEADING COUNSEL: DECISION UPHELD ON APPEAL
In Coram v DR Dunthorn & Son Ltd [2024] EWHC 672 (KB) Mrs Justice Yip, sitting with Costs Judge Nagalingam, upheld a decision not to award the costs of leading counsel on assessment of costs. “That is not to say…
COSTS BITES 136: SOLICITORS COULD NOT RENDER BILLS FOLLOWING TERMINATION OF RETAINER: THE REMEDY WAS TO SUE FOR DAMAGES
An earlier post looked at some aspects of the judgment of Mr Justice Trower in Winros Partnership v Global Energy Horizons Corporation [2021] EWHC 3410 (Ch). The assessment of costs in that action continued after the appeal. Preliminary points were considered by…
COST BITES 135: COSTS OF SOLICITOR ATTENDING REHABILITATION CASE MANAGEMENTS – MAY BE RECOVERABLE, BUT IT DEPENDS…
In Hadley -v- Przybylo [2024] EWCA Civ 250 the Court of Appeal considered the issue of whether a solicitor in a personal injury case could recover the cost of attending rehabilitation case meetings. It was decided that the costs are potentially recoverable….
THE SUMMARY ASSESSMENT OF COSTS: A PRACTITIONER’S GUIDE: WEBINAR 18th MARCH 2024
We have seen several examples on this blog recently relating to the summary assessment of costs, in some cases the sums assessed have been substantial. This webinar on the 18th March 2024 looks at recent cases and then considers the…
THE COSTS JUDGE OVER YOUR SHOULDER 2024: MAXIMISING RECOVERY IN INTER PARTES COSTS: WEBINAR 12th MARCH 2024
There have been a number of interesting decisions over the past 12 months which deal with the assessment of costs. This webinar, on the 12th March 2024, looks at those decisions and the issues relating to ensuring maximum recover of…
PART 36, WITNESS STATEMENTS, INDEMNITY COSTS AND CONDUCT: READ ALL ABOUT IT
In Duke of Sussex & Ors v MGN Ltd (Re Costs) [2024] EWHC 274 (Ch) Mr Justice Fancourt made some complex costs orders in relation to the litigation. However the fundamental point was that parties that the claimants that failed…
COST BITES 133: £196,000 AWARDED ON A SUMMARY ASSESSMENT (IN A FAMILY CASE)
The judgment of Mrs Justice Arbuthnot in KS v VS [2024] EWHC 278 (Fam) shows why it is important that family lawyers are fully aware of the principles relating to inter-partes costs orders and also the procedures governing summary assessments. …
COST BITES 132: INTERIM PAYMENTS FOR COSTS AND COSTS OF A CONSEQUENTIAL HEARING
In Lifestyle Equities CV & Anor v Royal County of Berkshire Polo Club Limited & Ors [2023] EWHC 2923 (Ch) Mr Justice Mellor considered issues relating to an interim payment on costs and whether a consequentials hearing should be assessed…
Opportunities and Threats in Commercial Costs Litigation: Afternoon conference 29th February 2024 in Manchester
My colleagues in the costs team at Kings Chambers alongside three eminent guest speakers are presenting a half day conference on the 29th February 2024 in Manchester. Booking details are available here. THE CONERENCE At this timely conference, four…
COST BITES 131: TIME LIMIT FOR ASSESSMENT EXTENDED WHEN BENEFICIARY CHALLENGES COSTS: COURT OF APPEAL DECISION TODAY
I am grateful to barrister Alicia Tew for sending me a copy of the Court of Appeal decision today in Kenig v Thomson Snell & Passmore Llp [2023] EWHC 181 (SCCO). The Court considered the question of whether the costs judge…
COST BITES 130: WHAT COSTS ARE RECOVERABLE WHEN A CLIENT SACKS A SOLICITOR WORKING UNDER A CFA? STICK OR TWIST
The judgment of Senior Costs Judge Gordon-Saker in Sellers v Simpkins [2023] EWHC 3296 (SCCO) considers the issue of what costs a client is due to pay when they have terminated the retainer with a solicitor acting under a CFA….
OPENING LINES OF JUDGMENTS 2023: DRAGONS, VENUS, BOMBS, WAR AND THE BEAUTY OF NIDDERDALE (TO NAME JUST A FEW)
It is now too close to Christmas to write the traditional material of this blog. However it is a good time to review some of the best opening lines of judgments for 2023. If you feel I have missed some…
COST BITES 129: WHY EVERYONE HAS TO UNDERSTAND THE INDEMNITY PRINCIPLE IN COSTS
In The Commissioner of Police of the Metropolis v Idreess Malik [2023] EWHC 3213 (Admin) the Administrative Court sets out a key reminder of the central importance of the indemnity principle in relation to the recovery of legal costs. The…
COST BITES 128: WHEN IT IS APPROPRIATE FOR THE JUDGE TO MAKE NO ORDER FOR COSTS
In Guy & Ors v Brake & Ors (Re Moratorium Cancellation Costs) [2023] EWHC 3179 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) found that it was appropriate to make no order for costs in relation to an…
COST BITES 127: DO THE GUIDELINE HOURLY RATES APPLY IN FAMILY PROCEEDINGS?
In H v GH [2023] EWFC 235 Simon Kolton KC (sitting as a Deputy High Court Judge) considered the question of whether the guideline hourly rates applied in family proceedings. He held that whilst, strictly, the rates may not apply…
COST BITES 125:JOCKEYING FOR POSITION: ALLEGATIONS OF CONDUCT INCREASING COSTS – BUT THERE WAS NO DEDUCTION FROM SUCCESSFUL PARTY’S COSTS:
In Lifestyle Equities CV & Anor v Royal County of Berkshire Polo Club Limited & Ors [2023] EWHC 2923 (Ch) Mr Justice Mellor considered whether certain issues relating to the action meant that there should be a reduction of the…
NEW YEAR NEW HOURLY RATES: INDEXED LINK UPLIFT OF RATES FROM 1st JANUARY 2024: SEE THEM HERE
The Master of the Rolls has accepted the Civil Justice Council recommendations in relation to the increase of hourly rates. The rates will be increased from 1st January 2024 in accordance with the Services Producer Price Index. They will then…
PART 36 DOES NOT APPLY TO SOLICITORS ACT ASSESSMENTS: HIGH COURT DECISION (YESTERDAY)
In Zuhri v Vardags Ltd [2023] EWHC 3050 (SCCO) Costs Judge Leonard held that the provisions of CPR Part 36 do not apply to a Solicitors Act assessment of costs. However it may be relevant to Part 7 proceedings issued,…
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