DOMESTIC BUILDING LITIGATION AND PREVENTING FINANCIAL DISASTER: SUGGESTIONS FROM THE CIRCUIT BENCH
In The Sky’s the Limit Transformations Ltd v Mirza [2022] EWHC 29 (TCC) HHJ Stephen Davies makes a number of suggestions designed to mitigate the potentially ruinous costs of litigation in relation to domestic building disputes. ” … it would…
CONDUCT AND COSTS: SUCCESSFUL DEFENDANT RECOVERS – NOTHING
In European Real Estate Debt Fund (Cayman) Ltd v Treon & Ors [2021] EWHC 2866 (Ch) Mr Justice Miles considered issues relating to costs after a defendant had succeeded at trial because the claimant’s action was statute barred. The judge…
CAN LEADING COUNSEL RECOVER THEIR FULL BRIEF FEE WHEN A CASE SETTLES TWO WEEKS BEFORE TRIAL?
In Hankin v Barrington & Ors [2021] EWHC B1 (Costs) Deputy Master Campbell considered the question of whether leading counsel’s brief fee was payable in full (or in part) by the defendant when the brief had been delivered but the…
THE SCOPE OF A SOLICITORS ACT ASSESSMENT: DISPUTED EVIDENCE IS “GRIST TO THE MILL”
NB THIS DECISION WAS OVERTURNED BY MR JUSTICE JOHNSON, SEE Lisa Jones v Richard Slade And Company Ltd [2022] EWHC 1968 (QB) In Jones -v- Richard Slade & Co Ltd [2021] EWHC B28 (Costs) Costs Judge Rowley rejected the defendant’s…
SOLICITOR AND OWN COSTS ASSESSMENT: HIGH COURT UPHOLDS DECISION THAT CLIENT NOT LIABLE TO PAY ADDITIONAL COUNSEL’S FEES: SOLICITOR TERMINATED THE RETAINER AND COULD NOT RECOVER COSTS
I wrote about the first instance decision in Murray v Richard Slade And Co Ltd [2021] EWHC 3383 (QB), in two posts in January this year, the first is here, the second here. The claimant in that case (the solicitor…
THE SUMMARY ASSESSMENT OF COSTS: WHEN IT IS (ABOUT) A LOTTERY
I have mentioned before how many people are interested in reading cases about the summary assessment of costs. There is an example in the judgment of Senior Master Fontaine in Goodram & Anor v Camelot UK Lotteries Ltd [2020] EWHC…
THE APPROVAL OF SOLICITOR AND OWN CLIENT COSTS OF A PROTECTED PARTY AFTER SETTLEMENT: CLIENT NOT LIABLE TO PAY ANY FURTHER PROFIT COSTS; SUCCESS FEE REDUCED TO 15%
In BCX v DTA [2021] EWHC B27 (Costs) Costs Judge Brown reduced, substantially, the sums payable to solicitors from their own client. The judge was considering own client costs after the defendant had paid the bulk of the costs. It…
IS A CONDITIONAL FEE AGREEMENT UNENFORCEABLE IF THE SOLICITOR BREACHES THE CODE OF CONDUCT? MUCH TO THINK ABOUT?
The judgment of Mr Justice Trower in Winros Partnership v Global Energy Horizons Corporation [2021] EWHC 3410 (Ch) gives much for lawyers to think about. Here I want to concentrate on one element of that judgment- does a failure to…
THE SOLICITORS DISCIPLINARY TRIBUNAL CAN AWARD COSTS ON THE INDEMNITY BASIS: APPEAL ON THIS ISSUE COMPROMISED
In October 2020 I wrote about the case of SRA -v- Ahmud where the Solicitors Disciplinary Tribunal were highly critical of the steps taken by the SRA in investigating and bringing a claim alleging dishonesty. That case has a short coda in…
LATE SERVICE OF SCHEDULE OF COSTS LEADS TO AN ORDER FOR DETAILED ASSESSMENT (WITH A SUBSTANTIAL INTERIM PAYMENT)
In Vine v Belfield [2021] EWHC 3068 (QB) Mr Justice Nicklin considered the position where a claimant had failed to file a Schedule of Costs. He held that the appropriate course of action was to make an order for detailed…
THE SUMMARY ASSESSMENT OF COSTS: THE DANGERS OF DEPARTING FROM THE CORRECT FORM: A “CHAOTIC” SCHEDULE OF COSTS IS NEVER GOING TO HELP YOUR CAUSE
In Changing Climates Ltd v Warmaway Ltd [2021] EWHC 3117 (TCC) HHJ Sarah Watson issued a warning about departing from the standard form when seeking a summary assessment of costs after a hearing. “There is a reason that the court…
WHAT FIXED COSTS APPLY AFTER A DEFAULT JUDGMENT SET ASIDE? ISSUE CONSIDERED IN THE COUNTY COURT
I am grateful to Simon Fisher of DWF for sending me a copy of the judgment in Chisnall -v- RSA Northern Ireland Insurance Ltd, a copy of which is available here. It deals with an issue relating to fixed recoverable…
PRACTICE NOTE FROM SENIOR COSTS JUDGE: DEDUCTIONS FROM DAMAGES: CHILDREN AND PROTECTED PARTIES
The Senior Costs Judge has issued a Note on the procedure to be followed in the Senior Courts Costs office on approval of costs settlements where the claimant is a child or protected party. THE NOTE APPROVAL…
TRIALS ON PRELIMINARY ISSUES, CALDERBANK OFFERS AND COSTS: COURT OF APPEAL REJECT SUBMISSION THAT “WOULD REPRESENT THE ANTITHESIS OF GOOD POLICY” & “REWARD BAD BEHAVIOUR”
In the judgment in McKeown v Langer [2021] EWCA Civ 1792 the Court of Appeal rejected an argument that a Calderbank offer had the same effect as a Part 36 offer when a court was considering the issue of costs…
COURT OF APPEAL OVERTURNS DECISION THAT THERE SHOULD BE NO ORDER FOR COSTS: COMMITTAL APPLICATIONS ARE NOT SUBJECT TO ANY SPECIAL RULES
In Loveridge & Anor v Loveridge [2021] EWCA Civ 1697 the Court of Appeal overturned a decision that should be no order for costs following the withdrawal of committal proceedings. The Court also allowed costs on the indemnity basis from…
PART 36 OFFER STILL VALID EVEN IF SERVED BY EMAIL: DEFENDANT DID NOT HAVE TO PAY THE USUAL PART 36 CONSEQUENCES
In London Trocadero (2015) LLP v Picturehouse Cinemas Ltd & Ors [2021] EWHC 3103 (Ch) Robin Vos, sitting as a High Court Judge, held that a Part 36 was still valid even if served by email. However, on the facts…
SOLICITOR SHOULD NOT HAVE BEEN COMPELLED TO ATTEND COURT TO GIVE EVIDENCE IN A WASTED COSTS APPLICATION
In Hunt v Annolight Ltd & Ors [2021] EWCA Civ 1663 the Court of Appeal overturned a decision that a solicitor should be compelled to attend court to give evidence in a wasted costs application. “Any requirement for a solicitor…
EXCEPTIONS TO THE FIXED COSTS REGIME: ANOTHER EXAMPLE
Yesterday we looked the case of Lloyd 2 Sisters Poultry Ltd (Costs) [2019] EW Misc 18 HHJ in relation to exceptional circumstances and fixed costs. Bailli has another example in the case of Crompton v Meadowcroft (Costs) [2021] EW Misc 20….
EXCEPTIONS TO THE FIXED COSTS REGIME: DEFENDANT’S APPEAL DISALLOWED: JUDGE ENTITLED TO FIND THAT EXCEPTIONAL CIRCUMSTANCES APPLIED
A case, newly arrived on BAILII today relates to whether a District Judge was correct to award costs outside the fixed costs regime. In Lloyd 2 Sisters Poultry Ltd (Costs) [2019] EW Misc 18 HHJ Howells refused a defendant’s appeal…
DEFENDANT WHO DID NOT FILE A REVISED COSTS BUDGET COULD NOT (NECESSARILY) RECOVER THE COSTS OF A COUNTERCLAIM
In Bhat & Anor v Patel & Anor [2021] EWHC 2960 (Ch) Mrs Justice Fancourt held that defendants, who had not filed a revised costs budget, were not entitled to recover the costs of that counterclaim unless a relief from…
“THE ONLY BENEFICIARIES FROM THIS NIHILISTIC LITIGATION HAVE BEEN THE SPECIALIST AND HIGH-QUALITY LAWYERS”: A FAMILY LAW CASE, POSTED WITHOUT COMMENT
Occasionally, very occasionally, this blog trespasses into the area of family law. This is usually about costs or evidence. Today it is about costs, the comments of Mr Justice Peel in Crowther v Crowther & Ors (Financial Remedies) [2021] EWFC…
SECRETARY OF STATE DEFENDANT MUST PAY THE ADDITIONAL LIABILITY AFTER IT FAILED TO BEAT A PART 36 OFFER ON COSTS: THE “PUBLIC PURSE” HAS NO SPECIAL STATUS AS A LITIGANT
In TT, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC B21 (Costs) Deputy Master Campbell found that the Secretary of State was liable to pay an additional sum when it failed to beat…
A SUMMARY ASSESSMENT OF COSTS: HOW IT WORKS IN PRACTICE: THERE IS NO POINT ARGUING ISSUES OF PROPORTIONALITY WHEN INDEMNITY COSTS HAVE BEEN ORDERED
Whenever I report on an assessment of costs, for reasons that can only be guessed at, that post is always widely read. The judgment of HHJ Davis-White QC in Goodwin v Avison & Ors [2021] EWHC 2754 (Ch) involves…
PART 36: OFFERS MUST BE CONSIDERED EVEN THOUGH ALL THE PIECES OF THE JIGSAW ARE NOT IN PLACE: CONSEQUENCES ARE IMPOSED ON THE ACTUAL AMOUNT AWARDED NOT THE SUM THAT THE MAKER WOULD HAVE SETTLED FOR
I am grateful to Professor Dominic Regan for drawing my attention to the judgment of Mr Justice Kerr today in Equitix Eeef Biomass 2 Ltd v Fox & Ors [2021] EWHC 2781 (TCC). The judge rejected the notion that the…
WHEN CAN A COURT TAKE ADDITIONAL LIABILITIES UNDER A CFA INTO ACCOUNT IN THE AWARD OF DAMAGES?
Another aspect of the Court of Appeal judgment in Hirachand v Hirachand & Anor [2021] EWCA Civ 1498 was the Court of Appeal’s consideration of whether it was appropriate for the judge to take into account liabilities for costs under a…
COSTS OF ASSESSMENT CAN BE REDUCED BECAUSE BILL WAS REDUCED: NO NEED FOR MISCONDUCT OR SKULDUGGERY
In Milbrooke Construction Ltd v Jones [2021] EWHC B20 (Costs) Costs Judge Brown found that the reduction of a bill of costs by a major percentage can be grounds, in itself, for disallowing part of the receiving party’s costs of…
ASSESSING BILLS OF COSTS: GIVE DETAILS OF THE SIGNATORY AND OF THE FEE EARNERS OR YOUR BILL WILL STRUCK OUT: “AN OUNCE OF OPENNESS IS CHEAPER THAN ANY ARGUMENT”
I am grateful to solicitor Benjamin T Petrecz for drawing my decision to the judgment in Barking, Havering & Redbridge University Hospitals NHS Trust v AKC [2021] EWHC 2607 (QB) Mrs Justice Steyn (sitting with an assessor Master Brown) allowed…
BUDGETED COSTS ARE NOT NECESSARILY THE LOWEST COSTS ( & THE COURT SHOULD ADOPT A CAUTIOUS APPROACH TO MAKING COMMENTS IN RELATION TO INCURRED COSTS): HIGH COURT DECISION
In Discovery Land Company, LLC & Ors v Axis Specialty Europe SE [2021] EWHC 2146 (Comm) Peter MacDonald Eggers QC (sitting as a Deputy Judge of the High Court) set out some of the principles relating to costs budgeting, in…
DIDN’T FILE A SCHEDULE: COSTS CONFINED TO COUNSEL’S FEES
In Mahandru v Nielson [2021] EWHC 2297 (QB) Mrs Justice Steyn DBE considered what costs should be awarded when a respondent had successfully defended an appeal but not filed a costs schedule. The answer, in that case, was to simply…
THE COSTS OF REPAIRS AND THE COSTS OF THE ACTION: HOW SHOULD THE VALUE OF REPAIRS BE ASSESSED FOR THE PURPOSE OF ALLOCATION
NB IN Mary-Ann Stojalowski v Bristol City Council [2024] EWCC 30 HHJ Blohm KC held that this case was “wrongly decided”, see the discussion here. I am grateful to Alex Bagnall from Total Legal Solutions for sending me a copy…
LOOKING AT A SUMMARY ASSESSMENT: WHAT IS BEING ASSESSED? HOURLY RATES AND CAN LONDON SOLICITORS BE JUSTIFIED?
Sometimes it is interesting to see what happens in summary assessments. Very few are reported and looking at those that are can help litigators get a “feel” for the process. In this respect of the judgment of HHJ Matthews (sitting…
“I EXPECTED THAT THE LAWYERS IN THE CASE WOULD WORK CONSCIENTOUSLY WORK WITHIN THE BUDGET WHICH I HAD SET. SADLY, I SENSE, THAT THEY HAVE NOT TRIED VERY HARD TO DO SO”
In Z (No.2) (Schedule 1: Further Legal Costs Funding Order; Further Interim Financial Provision) [2021] EWFC 72 Mr Justice Cobb carried out what was, essentially, a cost budgeting exercise in a family case. There are important observations about the need…
INCREASES IN HOURLY RATE AMOUNTS TO “SPECIAL REASONS” IN SOLICITORS ACT ASSESSMENT OF COSTS
In Raydens Ltd v Cole [2021] EWHC B14 (Costs) Costs Judge Leonard found that an increase in hourly rates meant that “special circumstances” established in a Solicitors Act assessment. “I do not believe that anyone in her position could reasonably…
DEFENDANT NOT LIABLE TO PAY THE COSTS OF DISPUTES OVER WHO SHOULD BE CLAIMANT’S LITIGATION FRIEND
In HR v Aneurin Bevan University Local Health Board [2021] EWHC 2195 (Admin) Mrs Justice Foster rejected an argument that the defendant should be liable to pay the costs incurred when there was a dispute in relation to the identity…
THE CIVIL JUSTICE COUNCIL FINAL REPORT ON GUIDELINE HOURLY RATES
The Civil Justice Council has produced its final report on guideline hourly rates. This follows a consultation process following the interim report in January 2021. THE REPORT The report is available here. THE RECOMMENDED RATES … Enjoying this post?…
COURT SETS ASIDE CONTENTIOUS BUSINESS AGREEMENT: CONTENTS WERE UNFAIR AND UNREASONABLE
In Tripipatkul v WH Lawrence Ltd (t/a WH Lawrence Solicitors) [2021] EWHC B13 (Costs) Costs Judge Brown set aside a contentious business agreement between a solicitor and their former client. “The decision in ex parte Cathcart requires the court to…
“FOR THOSE WHO BELIEVE THAT MOST CIVIL LITIGATION DOES NOT END UP BEING ABOUT THE COSTS… LOOK AWAY NOW”: COURT OF APPEAL ON NON-PARTY COSTS ORDERS
In Goknur Gida Maddeleri Enerji Imalet Ithalat Ihracat Ticaret Ve Sanayi AS v Aytacli [2021] EWCA Civ 1037 the Court of Appeal upheld a judge’s decision not to make a non-party order against a director of a litigant company. The…
ROAD TRAFFIC ACCIDENTS, FIXED COSTS, A DECEASED CLAIMANT AND THE COURT OF APPEAL
In the judgment today in West v Burton [2021] EWCA Civ 1005 the Court of Appeal held that a case pursued by the estate of a deceased person was not subject to the fixed costs provisions of Section III of…
CASES IN THE ASBESTOS LIST ARE NOT SUBJECT TO COSTS BUDGETING: THERE ARE NO EXCEPTIONS…
In Smith v W Ford & Sons (Contractors) Ltd [2021] EWHC 1749 (QB) Master Davison refused a defendant’s application that costs budgeting take place in a case that was in the Asbestos list. “These listing arrangements cannot accommodate costs budgeting….
CONDITIONAL FEE AGREEMENT WAS NOT UNFAIR OR UNREASONABLE: SENIOR COURT COSTS OFFICE DECISION TODAY
In Acupay System LLC v Stephenson Harwood LLP [2021] EWHC B11 (Costs) Costs Judge Leonard rejected a claimant’s argument that a conditional fee agreement it had entered into with a solicitor was unfair, unreasonable and not supported by consideration. (There…
THE COPYING OF TRIAL BUNDLES: WHO PAYS THE PRICE?
In the judgment today in Axnoller Events Ltd v Brake & Anor [2021] EWHC 1706 (Ch) HHJ Matthews (sitting as a High Court Judge) had to determine an issue in relation to who pays the costs of copying a trial…
Commencing Assessment Proceedings, Default Certificates and Drafting Points of Dispute: Where does it all go wrong? Webinar 30th June 2021
Kings Chambers is presenting a webinar on the 30th June 2021 about avoiding problems in the assessment of costs process and the effective drafting of points of dispute. Booking details are available here. THE WEBINAR In Grekor Fisken Ltd -v-…
“THE SOMETIMES HARSH, EVEN BRUTAL, DEFAULT CONSEQUENCES OF 36.17 MUST BE APPLIED IN THE PRESENT CASE”: RECOVER £10 IN DAMAGES AND STILL GET COSTS ON THE INDEMNITY BASIS
In Shah & Anor v Shah & Anor [2021] EWHC 1668 (QB) Mrs Justice Collins Rice upheld the decision of the trial judge that the defendants should bear the normal Part 36 consequences when the claimants had made a Part…
“THE PROVISION OF THE CPR FOR SERVICE… SHOULD BE FAMILIAR TO EVERY SOLICITOR WHO CONDUCTS LITIGATION… THE MULTIPLE ERRORS MADE IN PURPORTING TO SERVE THE DEFENDANT COULD HAVE BEEN AVOIDED WITH A LITTLE DILIGENCE”
Although issues of service are a regular feature on this blog I cannot recall many cases about mis-service of Notice of Commencement of a Bill of Costs. There have been several recently. The claimant failed to serve properly in Gregor…
DEDUCTION OF LEGAL FEES FROM THE CLIENT’S DAMAGES: SOLICITORS SUCCESSFUL ON APPEAL
The decision of Mr Justice Lavender in SGI Legal LLP v Karatysz [2021] EWHC 1608 (QB) is part of the long, and continuing, battle relating to the deduction of legal fees by solicitors from claimant’s damages. In this case the…
“THERE IS A WORRYING TREND… IN TERMS OF FAILURE BY EXPERTS GENERALLY IN LITIGATION COMPLYING WITH THEIR DUTIES”
There is an important point about a litigant’s responsibility for the conduct of their own experts (and expert’s conduct generally) in Beattie Passive Norse Ltd & Anor v Canham Consulting Ltd (No. 2 Costs) [2021] EWHC 1414 (TCC). This was…
EXCEPTIONAL CIRCUMSTANCES OUST FIXED COSTS: £350,000 CASE SHOULD NEVER HAVE BEEN IN THE PORTAL
I am grateful to barrister Sarah Robson for sending me a copy of the decision of District Judge Jackson in Jackson -v- Barfoot Farms (Canterbury County Court 29th November 2017, a copy of which is available here Jackson v Barfoot). …
THE SITUATION WHERE A PARTY SERVES ITS SCHEDULE OF COSTS LATE: CLAIMANT PERMITTED TO RECOVER COSTS, BUT THIS IS A POINT TO WATCH
In Tribe v Elborne Mitchell LLP (Costs) [2021] EWHC 1252 (Ch) Deputy Master Raeburn considered the appropriate approach when a party serves a schedule of costs late. Although the claimant was allowed to recover costs I report this case primarily…
DEFAULT JUDGMENT FOR SOLICITORS’ COSTS: COURT REFUSES TO SET ASIDE JUDGMENT: DEFENDANT FAILS ON BOTH THE DENTON CRITERIA AND THE MERITS
In Carpmaels & Ransford Llp & Anor v Regen Lab SA [2021] EWHC 845 (Comm) Mr Justice Waksman refused the defendant’s application to have judgment in default set aside. The claimants were solicitors bringing proceedings for their costs. The judge…
SIGNIFICANT DEVELOPMENTS IMMEDIATELY BEFORE THE CASE IS COSTS BUDGETED? WHEN IS THE SOLICITOR EXPECTED TO JUMP?
In Thompson -v- NSL Limited [2021] EWHC 679 (QB) Master McCloud considered the issue of whether there had been significant developments sufficient to allow a revision of the costs budget when it was known at the time the budget was…
You must be logged in to post a comment.