REASONABLE COSTS WERE PROPORTIONATE: MORE THAN MONEY AT STAKE – COSTS NOT REDUCED
In Various Claimants (In Wave 2 of the Mirror Newspapers Hacking Litigation) v MGN Ltd[2018] EWHC B19 Master Saker had to consider the issue of proportionality of costs directly, and held that – on the facts of that case -…
TALES FROM THE APIL CONFERENCE 4: TIME ESTIMATES FOR HEARINGS (AND WHY YOU SHOULD VISIT KINGSTON UPON HULL)
There were difficult choices to be made when delegates selected their particular lectures at the recent APIL conference. In a show of northern solidarity (and because I am interested in these kind of things) I went to see District Judge…
PERSONAL INJURY SUCCESS FEES: REDUCTION TO 15% CONFIRMED BY COURT OF APPEAL: ATE INSURANCE IS RECOVERABLE AS A DISBURSEMENT
In Herbert v H H Law Ltd [2019] EWCA Civ 527 the Court of Appeal upheld a decision on a solicitor and own client assessment that the additional liability in a simple personal injury case should be 15%. It allowed…
COSTS, MEDICAL AGENCIES, VAT: SOLICITORS CAN RECOVER VAT PAID TO MEDICAL AGENCIES ON ASSESSMENT
In British Airways Plc v Prosser [2019] EWCA Civ 547 the Court of Appeal considered whether it was appropriate for a claimant’s solicitor to recover the costs of VAT paid to medical agencies. THE CASE The claimant succeeded in a…
WHEN A CLAIMANT BEATS THEIR OWN PART 36 OFFER: A “CUT OUT AND KEEP” GUIDE: A JUDGMENT ON INTEREST OF INTEREST
The judgment of Mr Justice Bryan in Assetco Plc v Grant Thornton UK LLP [2019] EWHC 592 (Comm) provides a helpful review of the principles and authorities relating to the approach to be adopted when a claimant beats their own Part…
DETAILED ASSESSMENTS WILL NOT OVERSTEP THE MARK: THE COURTS WILL NOT (GENERALLY) REVISIT MATTERS RELATING TO THE CONDUCT OF THE CASE ON ASSESSMENT
There is an interesting and important judgment by Deputy Master Friston in Andrews v Retro Computers Ltd [2019] EWHC B2 (Costs) which highlights the dangers of attempting to use detailed assessment as a means of challenging the receiving party’s conduct. I…
“A MISUSE OF JUDICIAL POWER”: A WITNESS SPEAKING TO LAWYER IN THE COURSE OF GIVING EVIDENCE DOES NOT JUSTIFY COMMITTAL OR STRIKING OUT A CASE
In the judgment today in Hughes Jarvis Ltd v Searle & Anor [2019] EWCA Civ the Court of Appeal robustly overturned a decision committing a witness to prison and striking out a case. It was found that the trial judge had,…
CLAIMANT BEATS ITS OWN PART 36 OFFER ON COSTS: DOESN’T GET ADDITIONAL 10%: “UNJUST” CONSIDERED
NB THIS DECISION WAS OVERTURNED ON APPEAL, SEE THE POST CLAIMANT SUCCESSFUL IN APPEAL IN RECOVERING ADDITIONAL 10% IN DAMAGES WHEN OWN OFFER WAS BEATEN: THE ADDITIONAL AWARD SHOULD NOT BE CATEGORISED AS A “BONUS” A claimant who beats their own…
SOLICITOR AND CLIENT COSTS: A PRACTICAL GUIDE – BOOK REVIEW: BUY IT AND READ IT: £30 WORTH SPENDING
Disputes about costs between lawyers and their (former) clients can be “challenging”. Indeed they can be vitriolic and expensive. The lawyer thinking “We’ve done the work” – the client thinking “how much” and “I got nothing out of it, why…
PROPORTIONAL COSTS IN A FATAL CASE: THE MATTERS THAT CAN RECOVERED
The facts in Powell & Ors v The Chief Constable of West Midlands Police [2018] EWHC B12 (Costs) are quite extraordinary. This judgment, on the issue of costs, adds to the material relating to proportionality. Equally important is the fact that…
COSTS: PHONE HACKING AND REPUTATION: PROPORTIONALITY IS NOT JUST ABOUT THE SUMS AT STAKE
In Various Claimants (In Wave 1 of the Mirror Newspapers Hacking Litigation) v MGN Ltd [2018] EWHC B13 (Costs) Master Gordon-Saker addressed the elements of “proportionality”. “The rule does not prevent the recovery of costs in an amount greater than the…
COSTS & PROPORTIONALITY: ITS NOT ALL ABOUT THE MONEY: DEFENDANT’S COSTS WERE NOT DISPROPORTIONAL
Proportionality was the central issue in the judgment of Master Leonard in Arjomandkhah v Nasrouallahi [2018] EWHC B11 (Costs). The Master rejected the claimant’s argument that the defendant’s costs (roughly one-third of the claimant’s costs budget) was disproportional. “In contrast to…
HOURLY RATES AND COMPLEX CASES: MASTER MAY HAVE APPLIED THE WRONG TEST BUT CAME TO THE RIGHT RESULT
In JXA v Kettering General Hospital NHS Foundation Trust [2018] EWHC 1747 (QB) Mr Justice Goss rejected an appeal in relation to hourly rates of the claimant’s solicitor in a high value clinical negligence case. THE CASE The claimant had been…
BRIEF FEE NOT TO BE ABATED BECAUSE OF VERY LATE SETTLEMENT: HIGH COURT DECISION TODAY
In Hugh Cartwright & Amin v Devoy-Williams & Anor [2018] EWHC 1692 (QB) Mrs Justice Nicola Davies MBE (sitting with an assessor) overturned a decision of a Master where counsel’s brief fee was reduced because the matter had settled the afternoon…
THE ASSESSMENT OF COSTS: LIABILITY FOR COSTS LAWYER’S ACTS: THE COURT OF APPEAL DECISION IN GEMPRIDE -v- BAMRAH
Yesterday I gave a short summary of the decision in Gempride Ltd v Bamrah & Anor [2018] EWCA Civ 1367. This is a case worth looking at in detail. The substantive case settled for £50,000 shortly after issue. The question of…
AVOIDING THE TERMS OF A CONSENT ORDER: A CASE THAT HAS A LOT OF LESSONS FOR SOLICITORS: WHY A CONSENT ORDER MAY NOT BE WORTH THE PAPER ITS WRITTEN ON
The judgment in Riordan & Ors v Moon Beevor Solicitors (a firm) [2018] EWHC 1452 (QB) gives an interesting insight into the fallout from litigation – where the disgruntled client blames the solicitors. There are important lessons here about the drafting…
SUCCESSFUL CHALLENGE TO 100% SUCCESS FEE UPHELD ON APPEAL: HIGH COURT JUDGMENT TODAY: SOLICITOR AND OWN CLIENT ASSESSMENT OF COSTS
In Herbert v HH Law Ltd [2018] EWHC 580 (QB) Mr Justice Soole refused a solicitor’s appeal against a decision reducing the success fee from 100% to 15%. This is a very important decision for claimant personal injury lawyers who, habitually,…
HOURLY RATES, INCURRED COSTS AND THE COST BUDGET: AGREED BUDGETS HAVE NO SPECIAL STATUS: HOURLY RATES NOT A GOOD REASON TO DEPART FROM THE BUDGET
The judgment of Master Nagalingam in Nash v Ministry of Defence [2018] EWHC B4 (Costs) covers several issues relating to costs budgets. The Master found that a reduction in hourly rates in relation to incurred costs did not lead to any…
PROVING THINGS 87: FAILURE TO PROVE BASIC ELEMENTS MEANT THAT THE FULL PREMIUM WAS NOT RECOVERED
I am grateful to Dominic Regan for sending me a copy of the judgment of District Judge Baldwin in Nicolaou -v- Cass (Liverpool CC 1st November 2017). The claimant failed to recover a substantial figure for a stage 2 premium…
THE HOURLY RATE FOR INCURRED COSTS: WHY IT IS IMPORTANT THAT THESE ARE SET OUT CORRECTLY: HIGHER HOURLY RATES THAN THE RETAINER SHOULD START THE ALARM
I am grateful to Benjamin Petrecz, Associate and Costs Lawyer at Keoghs LLP, for bringing my attention to a decision of Master Rowley in Tucker -v- Griffiths & Hampshire Hospitals NHS Foundation Trust (19/05/17) in relation to costs budgeting. A…
COSTS: THE COSTS OF ATTENDING AN INQUEST: THE APPROPRIATE APPROACH
In Douglas v Ministry of Justice & Anor [2018] EWHC B2 (Costs) Master Leonard considered the issue of the recoverability of costs of attending an inquest. There is a highly nuanced approach. The issues raised are of more general relevance in…
PROPORTIONALITY, CASES AND COMMENT: A ROUND UP
The post yesterday on the Brian May case and proportionality highlighted the fact that this is still a major issue in litigation. It is a good time to set out the posts on this blog on proportionality to date. PREVIOUS…
THE BRIAN MAY COSTS CASE: TRANSCRIPT NOW AVAILABLE: PROPORTIONALITY APPEAL DID NOT BITE THE DUST
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…
PUTTING THE “COSTS OF BUDGETING” IN THE BUDGET: A DEBATE
Yesterday I wrote about the issues posed by the fact that the costs of budgeting (the 1% and 2% allowed for Form H and budgeting) now cannot be assessed at the budget stage. I suggested the budgeting order should read…
THE COSTS OF PROVISIONAL ASSESSMENT: THE CAP ALWAYS FITS
In W Portsmouth and Company Ltd v Lowin [2017] EWCA Civ 2172 the Court of Appeal held that the cap on the costs of provisional assessment continues to apply even when a receiving party has beaten their own Part 36 offer…
IF YOU WANT YOUR COSTS ASSESSED IMMEDIATELY AFTER AN APPEAL OR INTERLOCUTORY HEARING THEN YOU HAVE TO ASK : OTHERWISE YOU’LL JUST HAVE TO WAIT
Does a successful litigant on an interlocutory issue have a right to have their costs assessed immediately? That was the question addressed by the Court of Appeal in Khaira & Ors v Shergill & Ors [2017] EWCA Civ 1687 . This…
IS THE BUDGET DEFINITIVE ON ASSESSMENT? CASE IDENTIFIED: TWO TRAINS OF THOUGHT CONTINUE
The position of the status of the budget and hourly rates is in flux. Michael Fletcher earlier posted an article reporting an assessment he took part in where District Judge Lumb (sitting as the Regional Costs Judge in Birmingham) expressly disagreed…
CLINICAL NEGLIGENCE AND INSURANCE COSTS: POLICY OF £10,000 WAS BOTH REASONABLE AND PROPORTIONAL: HIGH COURT DECISION
In Mitchell v Gilling-Smith [2017] EWHC B18 (Costs) Master Leonard held that a £10,000 premium incurred in a clinical negligence case was reasonable and proportional. It also highlights the importance of a paying party bringing actual evidence to court if they…
IS THE BUDGET DEFINITIVE ON ASSESSMENT? MORE CATS, MORE PIGEONS: THERE ARE NOW TWO TRAINS OF THOUGHT ON THE HOURLY RATE
Earlier this month I blogged on the decision in RNB v London Borough of Newham [2017] EWHC B15 (Costs). Deputy Master Campbell decided that the hourly rate could be challenged at the assessment stage even if the total of a particular…
COSTS BUDGETING: IMPORTANCE GUIDANCE FROM MASTER MCCLOUD: HOW SHOULD THE COSTS OF BUDGETING BE DEALT WITH IN FORM H AND THE FINAL BILL?
Important guidance was given this morning by Master McCloud (sitting as Deputy Costs Judge) in Woodburn v Thomas (Costs budgeting) [2017] EWHC B16 (Costs).It relates to how the costs of budgeting should be dealt with in Precedent H and any in…
ISSUING NOTICE OF COMMENCEMENT OF COSTS PREMATURELY: CAN CAUSE PROBLEMS: CLAIMANT SUCCESSFUL ON THE THIRD ATTEMPT
There is an article on the Temple Garden Chambers website of the decision of Master Gordon-Saker of the judgment in Austin -v- East Sussex Fire and Rescue Service (08/08/17). The report concentrates upon the Master’s decision that he would not…
COSTS BUDGETS:HOURLY RATES IN THE BUDGET ARE NOT DETERMINATIVE OF THE HOURLY RATES ON ASSESSMENT: A CAT AMONG THE PIGEONS HERE
In RNB v London Borough of Newham [2017] EWHC B15 (Costs) Deputy Master Campbell made an important decision in relation to hourly rates on assessment. The rates set out in the cost budget are not determinative of the rates allowed on…
BILL OF £101,677.21 AND THE CLAIMANT ENDS UP WITH £2,515.60: MISCONDUCT DURING THE ASSESSMENT PROCESS HAS SERIOUS CONSEQUENCES
I am grateful to Justin Edwards of BLM solicitors for sending me a copy of the decision of Master Whalan in Jago -v-Whitbread a decision of Master Whalan. A copy of that case is attached here ( 2016.10.05 – Approved Judgment)….
“AGREED” COSTS BUDGETS NOT APPROVED BY THE COURT : THAT QC IS JUST TOO EXPENSIVE – THINK AGAIN
In Brown -v- BCA Trading Limited [2016] EWHC 1464 (Ch) Mr Registrar Jones refused to approve “agreed” budgets. He held that the fees of leading counsel were too high and needed to be reconsidered. This shows that an agreement between…
SOLICITOR’S BILL AND SPECIAL CIRCUMSTANCES WITH £4.2 MILLION AT STAKE
The case of Eurasian Natural Resources -v- Dechert LLP [2017] EWHC B4 (Costs) has already attracted much attention. A previous hearing before the Court of Appeal involved no less than five QCs just to determine whether aspects of the solicitor…
LEGAL COMPANY ENTITLED TO CHARGE FOR ITS TIME: SHACKLETON EXPLORES NEW GROUND
In Shackleton -v-Al Shamsi [2017] EWHC 304 (Comm) Mr Justice Teare considered the question of whether a company providing legal services which was the claimant in the action could recover costs for the time of its “proprietor” spent in bringing…
PROPORTIONALITY, ASSESSMENT AND PREMIUMS: THE NEED FOR CAREFUL CASE PLANNING: £72,320 REDUCED TO £24,604
In Rezek-Clarke -v- Moorfields Eye Hospital NHS Foundation Trust [2017] EWHC B5 (Costs) Master Simons upheld a decision to assess costs, claimed at £72,320.85 to £24,604.40. The judgment emphasises the need for careful case planning, and consideration of proportionality, in…
CELEBRITY TITTLE TATTLE IS NOT NEWS: A DECISION AS TO COSTS
The case of Stone -v- Flynet Pictures Limited [2017] EWHC B3 (Costs) is likely to attract the headlines because the second claimant was David Walliams. It is also likely to attract the pun writers ( Litigation Futures has already done…
DISCLOSING DETAILS OF COSTS INFORMATION PROVIDED FOR MEDIATION : DISCLOSURE ALLOWED: HIGH COURT DECISION
In Savings Advice Limited -v- EDF Energy Customers Ltd [2017] EWHC B1 (Costs) Master Haworth had to consider the issue of admissibility of evidence relating to a mediation. KEY POINTS Information provided about costs in the run up of a mediation…
PROPORTIONALITY AND ADDITIONAL LIABILITIES: A SCCO DECISION THAT DIFFERS FROM BNM
I am grateful Alan Mendham of Gadsby Wicks to for sending me a copy of the decision of Master Brown in Murrells -v- Cambridge University NHS Foundation Trust (SCCO 17th January 2017) a case that re-visits the issue of proportionality and…
COSTS AND CONDUCT: A PERCENTAGE REDUCTION FOR A SUCCESSFUL CLAIMANT
In Harlequin Property (SVG) Limited -v- Wilkins Kennedy [2016] EWHC 3233 (TCC) Mr Justice Coulson reduced the claimant’s costs by 40% to reflect the lack of success on many of the key issues in the case. On the three main…
JUDGE USES COSTS BUDGET TO ASSESS COSTS AT THE END OF A TRIAL: THE RELEVANCE OF THE BUDGET & WHEN SHOULD THE COURT GO OUTSIDE IT?
In Sony Communications International AB -v- SSH Communications Security Corporation [2016] EWHC 2985 (Pat) Mr Roger Wyand QC (sitting as a Deputy High Court Judge) used the costs budget to carry out an assessment of the costs at the end…
PROPORTIONALITY DOES NOT AFFECT A PROPORTIONATE COSTS ORDER: HIGH COURT DECISION
There are many aspects of the judgment in Amey LG Limited -v- Cumbria County Council [2016] EWHC 2496 (TCC) that are of interest to readers of this blog. Here I want to explore the judgment in relation to proportionality. “The…
HOURLY RATES, SUCCESS FEES, RELIEF FROM SANCTIONS – ALL IN ONE CASE
There is a great deal of material covered in the judgment of Master Gordon-Saker in Various Claimants -v- MGN Limited [2016] EWHC B29 (Costs). THE CASE The court was determining various preliminary issues in relation to costs in the “phone…
PROPORTIONALITY AND COSTS: A JUDGMENT ON APPEAL
In the judgment today in Tui UK Ltd -v- Tickell & Others [2016] EWHC 2741 (QB) Mrs Justice Elisabeth Laing DBE (sitting with Master Leonard as an assessor) dismissed an appeal by the defendants on an argument that the costs…
A JUDGMENT ON THE RELATIONSHIP BETWEEN COSTS BUDGETING AND THE ASSESSMENT OF COSTS: MAPPING & SURVEYING THE TERRAIN
In a judgment given today in Merrix -v-Heart of England NHS Foundation Trust Regional Costs Judge District Judge Lumb (sitting in Birmingham) considered the extent to which the costs budgeting regime fettered the powers and discretion of the costs judge…
A BLUEPRINT FOR TROUBLE? A CAUTIONARY TALE FOR ANYONE CONSIDERING "ALTERNATIVES" TO SOLICITORS IN LITIGATION
The judgment of Master Matthews in Lyons -v-Kerr-Robinson [2016] EWHC 2137 (Ch) contains a cautionary tale for anyone proposing to use an alternative to solicitors to conduct their litigation. The defendant in this case used licensed conveyancers. Their charges were…
BILLING YOUR OWN CLIENT: FIVE IMPORTANT LESSONS FROM THE HIGH COURT
There are number of important lessons to be drawn from the judgment yesterday of Master Gordon-Saker in Rahimian -v- Allan Janes LLP [2016] EWHC B18 (Costs). THE CASE The claimant sought an order that the defendant firm of solicitors deliver…
YOU CAN BE A TOUGH NEGOTIATOR- YOU CAN ALSO FALL FLAT ON YOUR FACE: HIGH COURT CASE EXAMINED
The law of privilege prevents a close study of the negotiation process in most cases. That is why everyone involved in litigation could benefit from reading the judgment today of Mrs Justice Slade in FPH Law -v- Brown [2016] EWHC…
WANT TO WORK HARD, WIN AND STILL NOT GET PAID? WHEN THE CFAS DID NOT COVER THE COSTS: BAD NEWS FOR SOLICITORS AND COUNSEL
The judgment today of Mr Justice Warby in Radford -v- Frade [2016] EWHC 1600 (QB) contains an important warning in relation to the construction of CFAs both for solicitors and counsel. KEY POINTS A solicitor entered into a CFA with…
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