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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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COSTS NOT REDUCED BECAUSE OF THE WAY A DEFENDANT CONDUCTED ITS CASE: THE PRAGMATIC PRUNING OF A CASE SHOULD NOT BE DETERRED

COSTS NOT REDUCED BECAUSE OF THE WAY A DEFENDANT CONDUCTED ITS CASE: THE PRAGMATIC PRUNING OF A CASE SHOULD NOT BE DETERRED

February 2, 2021 · by gexall · in Applications, Civil Procedure, Conduct, Costs

We are returning again (and not for the last time) to the judgment of Mr Justice Turner in Municipio De Mariana & Ors v BHP Group PLC & Anor [2021] EWHC 146 (TCC). This time we are looking at  the claimants’ argument…

COSTS NORMALLY FOLLOW THE EVENT: SUCCESSFUL DEFENDANT ENTITLED TO 100% OF ITS COSTS

COSTS NORMALLY FOLLOW THE EVENT: SUCCESSFUL DEFENDANT ENTITLED TO 100% OF ITS COSTS

March 13, 2017 · by gexall · in Applications, Conduct, Costs

We looked at the decision in Oldcorn -v- Southern Water Services Ltd [2017] EWHC in an earlier post.   A second judgment on the case on the issue of costs  is reported at [2017] EWHC 460 (TCC).  .  The successful defendant was…

APPLICATION FOR INDEMNITY COSTS REFUSED: THE JUDGE LOOKS AT THE COSTS BUDGET OF THE LOSING PARTY

February 4, 2017 · by gexall · in Conduct, Costs

We have looked many times at cases where judges have considered granting indemnity costs.  This issue was considered by Mr Justice Coulson in MacInnes -v- Gross [2017]EWHC 127 (QB). One interesting aspect is that the judge looked at the losing…

SWITCHING FROM LEGAL AID TO CFA: THE SUCCESSFUL APPEAL

July 5, 2016 · by gexall · in Appeals, Assessment of Costs, Conditional Fee Agreements, Costs, Uncategorized

The saga relating to the assessment of costs where a claimant changed from public funding to a conditional fee agreement has been dealt with many times on this blog*.  All of these issues are now dealt with in the judgment…

CLAIMANT'S PART 36 OFFERS: WHEN HAS THE CLAIMANT BEATEN ITS OWN OFFER? AN INTERESTING QUESTION

July 4, 2016 · by gexall · in Assessment of Costs, Costs, Part 36, Uncategorized

The judgment of HH Judge Pelling QC in Purrunsing -v- A’Court & Co (a firm) [2016] EWHC 1582 (Ch) considers the impact of interest on a claimant’s Part 36 offer. Should the court simply compare the offer with the sum…

MOVING FROM PUBLIC FUNDING TO CFA: NOT A REASONABLE STEP IN THIS CASE

March 18, 2016 · by gexall · in Assessment of Costs, Conduct, Costs, Uncategorized

NB see the appeals related to these issues discussed here This blog has already reviewed several of the cases where the courts have considered the reasonableness of moving from public funding to a conditional fee agreement.  The issue is significant…

"NEAR MISS" RULE NO LONGER APPLICABLE: COURT OF APPEAL OVERTURNS DECISION ON COSTS

February 4, 2016 · by gexall · in Appeals, Assessment of Costs, Conduct, Costs, Part 36, Uncategorized

In Sugar Hut Group Limited -v- AJ Insurance Services [2016] EWCA Civ 46 the Court of Appeal overturned an award of costs made against a successful party. “The Claimants’ recovery exceeded the Part 36 offer by a comfortable margin and…

COSTS,INDEMNITY AND CONTRIBUTION PROCEEDINGS: (OR "COPPERS COP IT")

January 27, 2016 · by gexall · in Assessment of Costs, Contribution proceedings, Costs, Part 36, Uncategorized

In Mohidin -v-Commissioner of Police for the Metropolis [2016] EWHC 105 (QB) Mr Justice Gilbart carried out an extensive review of the principles relating to contribution proceedings and costs. KEY POINTS Two police officers who had been involved in the…

"CONDUCT UNRAVELS ALL": INDEMNITY COSTS AND COSTS ON ACCOUNT: A FAMILY CASE

August 28, 2015 · by gexall · in Conduct, Costs, Uncategorized

In the judgment today in  Joy -v- Joy-Morancho (No 3) [2015] EWHC 2507 (Fam) Mr Peter Singer awarded indemnity costs against the respondent husband.  Many of the observations  in relation to costs are of general relevance to civil litigators as…

MISCONDUCT ON ASSESSMENT LEADS TO REDUCTION OF COSTS BY 50%: KERINS -V- HEART OF ENGLAND NHS FOUNDATION TRUST

August 26, 2015 · by gexall · in Assessment of Costs, Conduct, Costs, Uncategorized

There is a report on Lawtel today of the decision of District Judge Griffith in Kerins -v- Heart of England NHS Foundation Trust (Birmingham, 31st July 2015). The claimant’s costs were reduced by 50% because of misconduct in the assessment…

"AGGRESSIVE CORRESPONDENCE" AND EFFECTIVE LITIGATION: ARE THE TWO SYNONYMOUS OR DIAMETRICALLY OPPOSED?

August 20, 2015 · by gexall · in Case Management, Civil evidence

There is an interesting report by Chloe Smith in The Law Society Gazette “Solicitor reprimanded for email calling opponent a “plonker””.  The comments that follow that article are equally interesting with the usual mix of wry and witty observations.  The…

LITIGATION AS IT SHOULD NOT BE DONE: GOTCH -v- ENELCO

August 13, 2015 · by gexall · in Conduct, Costs, Uncategorized

In Gotch -v- Enelco Ltd [2015] EWHC 1802 (TCC) Mr Justice Edwards-Stuart had strong words to say about the conduct of litigation and costs. KEY POINTS This is a case where five short passages from the judgment itself gives the…

COMMITTAL PROCEEDINGS AGAINST "EXPERT WITNESSES" ARE NOT AN ABUSE OF PROCESS

July 30, 2015 · by gexall · in Applications, Civil Procedure, Expert evidence, Experts, Uncategorized

The decision of the Divisional Court in Accident Exchange Ltd -v- Nathan John George-Broom & Ors [2015] EWHC 2205 (Admin) is certainly a development in the practice relating to dismissal. THE CASE The claimants applied to commit a number of…

IF YOU ENTER INTO A CONTENTIOUS BUSINESS AGREEMENT WITH YOUR CLIENT ARE YOU PLAYING RUSSIAN ROULETTE?

July 28, 2015 · by gexall · in Civil Procedure, Conditional Fee Agreements, Costs

The judgment of Master Campbell in Addleshaw Goddard LLP  -v- Wood & Hellard [2015] EWHC B12 (Costs) has some interesting observations on contentious business agreements and the nature of litigation financing generally. THE CASE The claimant solicitors had entered into…

THE LIMITS OF ISSUE BASED COSTS ORDERS: COMMERCIAL LITIGATION IS ABOUT MONEY (WHO KNEW?)

THE LIMITS OF ISSUE BASED COSTS ORDERS: COMMERCIAL LITIGATION IS ABOUT MONEY (WHO KNEW?)

June 30, 2015 · by gexall · in Appeals, Civil Procedure, Costs

In The Northampton Regional Livestock Centre Company Ltd -v- Cowling [2015] EWCA Civ 651 the Court of Appeal made some important observations about costs, issue based orders and success, particularly in commercial cases. THE CASE The Court of Appeal were…

COURT OF APPEAL UPHOLDS AWARD OF INDEMNITY COSTS: RAYMOND -v- YOUNG

May 14, 2015 · by gexall · in Appeals, Civil Procedure, Costs

In Raymond -v- Young [2015] EWCA Civ 456 the Court of Appeal upheld an award of indemnity costs, awarded as a result of the conduct of the defendants. THE CASE The appeal concerned the award of £155,000 for diminution in…

ADVISING CLIENTS PROPERLY AND THE ECONOMICS OF PRACTICE: WHEN DRAWINGS ARE AT £9.9 MILLION

April 28, 2015 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Costs

The earlier post on Procter -v- Raley’s solicitors contained a submission on behalf of the defendant that it was necessary “in modern conditions” for solicitors to “commoditise” their advice to clients. The Court of Appeal were doubtful on that point because there…

CHANGES TO THE PRE-ACTION PROTOCOLS THAT WE KNOW ABOUT: LOW VALUE ROAD TRAFFIC ACCIDENTS

April 7, 2015 · by gexall · in Civil Procedure, Costs, Damages, Expert evidence, Personal Injury, Rule Changes, Useful links

Important changes have been made to the Pre-Action Protocols which came into force yesterday. At the moment the whereabout of the the Protocols is a mystery in that they have not been published generally. However there are some changes to…

JOINDER OF A PARTY FOR COSTS, INDEMNITY COSTS & COMMENTS ON COSTS OUTSIDE THE COSTS BUDGET: EXCELERATE TECHNOLOGY ROUND 2

February 6, 2015 · by gexall · in Applications, Costs, Costs budgeting

We looked earlier at the observations on costs in giving judgment in Excelerate Technology Ltd -v- Cumberbatch [2015] EWHC B1 Mercantile. A supplementary judgment on the costs issues is now available.  It contains the rationale for the matters discussed in the…

IF YOU SETTLE WITH SOME OF THE PARTIES THE OTHERS CAN STILL COME AFTER YOU FOR COSTS: THE LESSONS OF DUFOO

December 2, 2014 · by gexall · in Civil Procedure, Costs

 In Dufoo -v- Tolaini and Ors [2014] EWCA Civ 1536 the Court of Appeal considered the issue of costs liability between the claimants where two claimants had settled their action with a defendant but a third went on to trial…

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