ASSIGNMENT OF CFAS: ROUND 2: ASSIGNMENT CAN TAKE PLACE
In the judgment today in Jones -v- Spire Healthcare Ltd His Honour Graham Wood QC had to determine the issue of whether a CFA can be assigned. The full judgment is an attachment to this post and is available here…
FUNDAMENTAL DISHONESTY: THE PAST 12 MONTHS: A ROUND UP
On May 10th last year I did a round up of cases and commentary on the issue of fundamental dishonesty. Here we look at cases and commentary in the past 12 months. CASES Most of the cases are inevitably first…
WHEN A PARTY FAILS TO PAY INTERLOCUTORY COSTS: MAKE A PEREMPTORY ORDER
In Peak Hotels -v- Tarek Investments Ltd [2016] EWHC 690 (Ch) Mrs Justice Asplin considered the appropriate approach when a party has failed to pay an interlocutory costs order. There is a succinct summary of the relevant case law. “If…
RTA TRIAL FEE RECOVERABLE IF CASE SETTLES AT TRIAL
In Mendes -v- Hocthtief (UK) Construction Ltd [2016] EWHC 976 (QB) Mr Justice Coulson decided a point of some importance: is the RTA Protocol brief fee recoverable if a matter settles at trial. “… there are sound policy reasons for…
COSTS: NOT EVERY DEFENDANT NEEDED REPRESENTATION ON APPEAL
There are some important observations about costs made by Mrs Justice Carr DBE in RSPCA -v- McCormick & others [2016] EWHC 928 (Admin). THE CASE The RSPCA brought an appeal by way of case stated as to the meaning of…
WHAT IS MEANT BY A "SIGNIFICANT DEVELOPMENT"? AMENDING THE COSTS BUDGET WHEN CLAIM DOUBLES IN SIZE: CLAIMANT GETS THE BOOT
I am grateful to barrister Colm Nugent for his notes of the decision of Mr Justice Picken in Churchill -v- Boot (22/04/2016) in relation to costs budgeting (a summary of this case is also available on Lawtel). KEY POINTS A…
QOCS AND DISHONESTY: YOU CAN TRY TO CHECK OUT ANY TIME YOU LIKE BUT YOU CAN’T ALWAYS LEAVE
Thanks to Sintons LLP there is now a copy available online of the judgment of HH Judge Gosnell in Rouse -v- Aviva Insurance Limited (15th January 2016). This is another case that relates to discontinuance by the claimant in a…
THE RISKS OF JOINING A THIRD PARTY INTO AN ACTION: THE DEFENDANT MAY NOT RECOVER THE COSTS
The judgment on costs in Axon -v- Ministry of Defence [2016] EWHC 883 (QB) highlights the risks of a defendant bringing a Third Party into an action. The defendant was successful, however the claimant was not ordered to pay all…
THE LIMITS OF QOCS: HIGH COURT DECISION TODAY
NB THIS DECISION WAS SUBSEQUENTLY OVERTURNED ON APPEAL. SEE THE POST ON THE APPEAL AVAILABLE HERE In Howe -v- Motor Insurers’ Bureau [2016] 884 (QB) Mr Justice Stewart considered the meaning of an action for “personal injury”. He held that…
£50,000 COSTS INCURRED: £500,000 ALLOWED: HOW DID THAT HAPPEN?
The decision of Mr Justice Spencer in Bolt Burdon Solicitors -v- Tariq [2016] EWHC 811 (QB) is an interesting consideration of non contentious business agreements.” The judge found that an agreement which meant that the solicitors recovered 50% of the damages…
COSTS SHOULD NOT NORMALLY BE REDUCED WHEN A CLAIMANT BEATS THEIR OWN PART 36 OFFER: COURT OF APPEAL DECISION
|n Webb -v-Liverpool Women’s NHS Foundation Trust [2016]EWCA Civ 365 the Court of Appeal overturned an “issue based” decision on costs in a case where a claimant had beaten there own Part 36 offer. “It is a sad fact that…
DOES COSTS BUDGETING APPLY TO A FATAL ACCIDENT CLAIM WHERE A CHILD IS A DEPENDANT? SOME MORE DETAIL
Over the weekend I heard two speakers on costs budgeting mention my view that costs budgeting may not now apply to fatal accident claims where children are dependants. Given the potential significance of this, it is worth expanding my concerns….
NEW RULES AND PRACTICE DIRECTIONS TOMORROW: THE TRANSITIONAL PROVISIONS
Following the post about the rule changes coming into force tomorrow there was some discussion about the transitional provisions. The confusion comes about partly because the SI introducing them says the same thing in different ways. However further confusion arises…
RULE CHANGES COMING INTO FORCE: 48 HOURS TO GO
A short, but timely, reminder that new rules come into force on the 6th April 2016. These include: No costs budgeting where the claim is brought on behalf of a child. Normally no costs budgeting when the claimant has limited…
COSTS OF IN-HOUSE SOLICITORS: THE APPROPRIATE APPROACH
In Sidewalk Properties Ltd -v- Twinn [2015] UKUT 0122 (LC) the Upper Tribunal (Lands Chamber) considered the issue of the appropriate rates to be charged by an in-house solicitor and the appropriate basis for an inter-partes award. KEY POINTS The…
APPEAL COSTS ARE PAYABLE IMMEDIATELY: HIGH COURT DECISION
In Khaira -v- Shergill [2016] EWHC 628 (Ch) Richard Spearman QC (sitting as a Deputy Judge) held that costs ordered by the Supreme Court were payable forthwith and an assessment should not be stayed until the end of the case….
THE PROTOCOLS: OFFERS AND RAISING NEW POINTS AT THE HEARING
The 4 New Square website has a copy of an interesting judgment of His Honour Judge Freedman in Mulholland -v- Hughes (18th September 2015). “I regard it as inequitable and unfair for a defendant, for the first time, to raise…
IT'S ALL ABOUT THE COSTS (AND A LOT OF TROUBLE): COURT OF APPEAL CASE CONSIDERED
The Court of Appeal judgment today in Patience -v- Tanner [2016] EWCA Civ 158 is a classic example of the difficulties that arise when a case is, in essence, all about the costs. It shows the danger of making, and…
NEW COURT FEES (INCREASED NEEDLESS TO SAY)
Court fees increased yesterday. There has been much public discussion of the family fees. Very little about the increase in fees for applications. LINKS TO THE RULES The statutory instrument is available here The facile “Impact Assessment” is available here….
COSTS BUDGETING: PROPORTIONALITY; CITY FIRMS & COUNSEL WHEN THERE IS £16 MILLION AT STAKE
The judgment today of Mr Justice Morgan in Group Seven Limited -v- Nasir [2016] EWHC 629 (Ch) provides some interesting observations in relation to costs budgeting. It demonstrates that issues of proportionality are important even in a case where £16…
COSTS, FIXED COSTS AND COSTS BUDGETING WHEN MAKING AN INTERIM ORDER: ALL IN THE PINK
The decision of Mr Justice Birss in Thomas Pink Ltd -v-Victoria’s Secret UK Limited [2014] EWHC 3258 has only recently been posted on Bailii. However it contains an interesting example of the court considering the issue of costs, fixed costs…
MOVING FROM PUBLIC FUNDING TO CFA: NOT A REASONABLE STEP IN THIS CASE
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…
AN ATTEMPT TO LIMIT COSTS MAKES A CALDERBANK OFFER INEFFECTIVE
In Burrell -v- Clifford [2016] EWHC 578 (Ch) Mr R Spearman QC (sitting as a judge of the High Court) decided that an offer which was equivalent to the sum awarded in damages was not effective because the defendant also…
PART 36: THE COSTS CONSEQUENCES OF LATE ACCEPTANCE
The case of ABC -v- Barts Health NHS Trust [2016] EWHC 500 (QB) decided earlier today provides an object lesson on the dangers of Part 36. His Honour Judge McKenna considered whether he should depart from the “usual rules” in…
SWITCHING FROM PUBLIC FUNDING TO A CFA: ANOTHER CASE
NB See the appeal on this case discussed here This blog has followed those cases where judges have decided whether it was reasonable for claimants to switch from legal aid to public funding. Perhaps more to the point, the issue…
LEGAL AID IN CONTEMPT PROCEEDINGS
In an earlier post I set out the judgment of the Court of Appeal in Brown -v- London Borough of Haringey [2015] EWCA Civ 483 about the availability of legal aid in committal proceedings. This included the passage ” The question…
DENTON DOES NOT APPLY TO DELAY IN PROVISIONAL ASSESSMENT
I am grateful to Simon Anderson of Park Square Barristers for his note of the judgment of Deputy District Judge Hill yesterday (4th March 2016) in the case of Martin -v- The Leeds Teaching Hospitals NHS Trust. This decision is…
SCHEDULES OF DAMAGES, WASTED COSTS AND THE STATEMENT OF TRUTH
It is important that the report of the decision in Brown -v- Haven by Flint Bishop in their post on wasted costs order is given wide publicity. The judgment of Deputy District Judge Lingard is available here. (This is one…
CHANGES TO COST BUDGETING RULES: KEY DATES AND TIMES
The previous post looked at the changes to costs budgeting coming into force on the 6th April. Here is a list of the key dates and times. These are key dates in litigation and the sanction for failing to…
IMPORTANT CHANGES TO COSTS BUDGETING: THE KEY POINTS
New rules in relation to costs budgeting come into force on the 6th April 2016. They apply to proceedings commenced on or after 6th April 2016. EXEMPTION FOR CHILDREN 5. In rule 3.12(1), for subparagraph (c), substitute— “(c) where in…
THE SOLICITOR, THE LIQUIDATOR AND THE CFA: STEVENSDRAKE THE JUDGMENT AT TRIAL
In Stevensdrake -v- Hunt [2016] EWHC 342 (Ch) His Honour Judge Simon Barker QC (sitting as a judge of the High Court) decided that, despite the clear wording of a conditional fee agreement, the defendant was not personally liable to…
PROBATE FEES,COSTS AND FATAL ACCIDENTS: SIX KEY POINTS
There has been major controversy recently about the proposed increase in probate fees. In particular there was some concern, expressed on twitter, that claimants could not afford to issue proceedings. There are a number of points that need to be…
FIXED COSTS AND PART 36: THE JUDGMENT IN THE COURT OF APPEAL
The Court of Appeal has given judgment today in Broadhurst -v- Tan [2016] EWCA Civ 94. “Where a claimant makes a successful Part 36 offer in a section IIIA case, he will be awarded fixed costs to the last staging…
COSTS, COPYING AND PROPORTIONALITY
The judgment of His Honour Judge Lochrane in Ryanair Limited -v- Secretary of State for the Home Department [2016] EWFC B5 has attracted some attention. Here I want to look at the short judgment in relation to costs. THE CASE…
LORD CHANCELLOR GETS A BONUS: THE POWERFUL RESULTS OF A CLAIMANT'S PART 36 OFFER
There are many interesting issues in the judgment of Mr Justice Holgate in The Lord Chancellor -v- Charles Ete & Co [2016] EWHC 275 (QB) which may be interesting to examine at a later date. However one significant point was…
DISCLOSURE AND PREDICTIVE CODING: PYHRRO EXPLAINED FOR THE TYRO
There has been much written already in relation to the decision of Master Matthews in Pyrrho Investments Ltd -v- MWB Property Ltd [2016] EWHC 256 (Ch) [see the links below]. However I want to concentrate upon the fact that this…
CIVIL JUSTICE: COMING TO A CALL CENTRE NEAR YOU – SOON
So 86 courts are to close. The Written Ministerial Statement asserts that “over 97% of citizens will be able to reach their required court within an hour by car”. Putting aside the fact that 22% of women and 17% of…
WHY THOSE RESPONSIBLE FOR THE COURT FEES INCREASE SHOULD HANG THEIR HEADS IN SHAME
If evidence were needed of the profound impact of the increase in court fees in can be found in newspaper articles over the past few days. IT IS JUST ONE CASE The Guardian reported on one case of a social…
MOVING FROM LEGAL AID TO CFAS: THE JUDGMENTS
NB see the appeals relating to these cases discussed here The cases surrounding the switch from legal aid to a CFA were reviewed in my post earlier this week . The full transcripts are now available (I am grateful to Aaron Vodden…
MOVING FROM LEGAL AID TO CFAS: RECENT DEVELOPMENTS
NB see the appeals in relation to these issues discussed here . There have been recent developments in relation to the issue of the reasonableness of claimant solicitors moving from legal aid to conditional fee agreements. The first case upholds a…
THE MEANING OF THE WORD "CLAIM": A PSYCHOLOGICAL PHENOMENON
In Global Flood Defence Systems -v- Johan Den Noort Beheer BV [2016] EWHC 189 (IPEC) His Honour Judge Hacon was considering an issue very specific to the Intellecutal Property Enterprise Court. However the observations are interesting and may be of…
NOT A RACING CERTAINTY BUT INDEMNITY COSTS FOLLOW CLAIMANT'S PART 36 OFFER
In Jockey Club Racehorse Ltd -v- Willmott Dixon Construction Limited [2016] EWHC 167 (TCC) Mr Justice Edwards-Stuart held that a claimant’s Part 36 offer to settle for 95% was a relevant offer and had costs consequences for the defendant. KEY…
"NEAR MISS" RULE NO LONGER APPLICABLE: COURT OF APPEAL OVERTURNS DECISION ON COSTS
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")
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…
COURT FEES: LINKS FOR TODAY
The links section is an integral part of this blog. For today, however, I wanted to take those links on the issue of court fees and put them in a post of their own. That is the responses today to…
KERRY UNDERWOOD ON QOCS: A REVIEW
A review of QOCS, Section 57 and Set off. Kerry Underwood. £25.00. Available online here Qualified one way costs shifting is here to stay. It may be extended to other areas. A detailed knowledge of the rules and regulations is…
COSTS AFTER A SPLIT TRIAL: PART 36; UNNECESSARY EXPERT REPORTS; PROPORTIONALITY AND USELESS BUNDLES: ALL LITIGATION LIFE IS HERE
The short judgment of Mr Justice Males in C&S Associates UK Limited -v- Enterprise Insurance Company PLC [2016] EWHC 67 (Comm) encapsulates many of the problems of contemporary litigation. “It is important that those litigating in this court are aware…
RELIEF FROM SANCTIONS REFUSED: NO PERMISSION TO SERVE RESPONDENT'S NOTICE LATE
In Pipe -v- Spicerhaart Estate Agents Ltd [2016] EWHC 61 QB Mr Justice Sweeney refused permission to serve a Respondent’s notice late. “Against the background that this is a small claims case, the conduct of the Respondent in relation to…
ANOTHER CASE OF INDEMNITY COSTS BECAUSE OF A REFUSAL TO MEDIATE
The decision on Master Simons in Bristow -v- The Princess Alexander Hospital NHS Trust [2015] EWHC B22 (Costs) contains examples of two mistakes that can be made on assessment of costs. The most telling is the defendant’s failure to respond…
PART 36, THE COMPENSATION RECOVERY UNIT AND COSTS: A SIGNIFICANT COURT OF APPEAL DECISION
In Crooks -v- Hendricks Lovell Limited [2016] EWCA Civ 8 the Court of Appeal considered some significant issues in relation to the interrelationship between Part 36 and the CRU situation in personal injury cases. KEY POINTS A claimant who recovered…
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