BE CAREFUL WHERE YOU SERVE A NOTICE OF COMMENCEMENT: PAYING PARTY ESTOPPED FROM TAKING A POINT AS TO SERVICE
In Edray Ltd -v- Canning [2015] EWHC 2744 (Ch) Stephen Jourdan QC (sitting as a Deputy High Court Judge) considered an issue relating to estoppel and waiver when a Notice of Commencement had not been properly served. “The bill of…
COSTS AS DAMAGES: SOME OBITER, BUT IMPORTANT, REMARKS
There are some important remarks on legal costs claimed as damages in Shaw -v- Kovac [2015] EWHC 3335(QB). (A case that is considered in more detail on Fatal Accidents Law. KEY POINTS In a fatal claim the costs of attending the…
NO INDICATIONS GIVEN FROM TRIAL JUDGE IN RELATION TO EXCEEDING COSTS BUDGET: THE APPROPRIATE APPROACH TO INTERIM COSTS WHERE THE COSTS HAVE EXCEEDED THE COSTS BUDGET
Can (and should) the trial judge give any indication in relation to costs budgets at the end of a trial if the costs budgets have been exceeded. Further what is the appropriate approach to an application for interim costs when…
COSTS AFTER RELIEF FROM SANCTIONS: A SUMMARY ASSESSMENT
An earlier post looked at the decision of Mr Justice Edwards-Stuart in North Midland Construction plc -v- Geo Networks Ltd [2015] 2384 (TCC). Here we look at the subsequent order in relation to costs. THE CASE The claimant failed to…
WASTED COSTS ORDER MADE AGAINST SOLICITORS: COMPLIANCE WITH ORDERS, ABSENT STATEMENTS AND LATE BUNDLES
In F-v-M [2015] EWHC 3259 (Fam) Mr Justice Cobb made a wasted costs order against a firm of solicitors. The judgment is (and was designed to be) an object lesson in the need to comply with court directions and court…
COSTS WHERE CLAIMANTS ARE REPRESENTED BY MORE THAN ONE FIRM OF SOLICITORS: IT CAN GET DIFFICULT
In Ong -v- Ping [2015] EWHC 3258 (Ch) Mr Justice Morgan considered the relevant order to make as to costs when the claimants in an action had been represented by separate solicitors. THE CASE Four claimants had been successful in…
PROPORTIONALITY, COSTS AND PAYMENTS ON ACCOUNT: A HIGH COURT DECISION
In Rallinson -v- North West London Hospitals NHS Trust [2015] EWHC 3255 (QB) Mr Justice Garnham considered issues relating to proportionality when assessing costs to be paid on account. “In my view, there is an argument of real substance here…
COSTS WHERE A CLAIMANT ACCEPTS A PART 36 OFFER LATE: TWO CASES WHERE THE CLAIMANTS CAME TO GRIEF
When a claimant accepts a Part 36 offer late costs become at large. Here we look at two cases where late acceptance of a Part 36 offer had grave consequences for a claimant.* “A claimant who pursues a claim in…
PROPORTIONALITY AND SURVIVAL FOR LITIGATORS 4: CLAIM ONLY WHAT YOU CAN PROVE
Proportionality is, mostly, about money. The problems that proportionality causes increase in those cases where the sums recovered are much less than those originally sought. The over-claiming of damages is a dangerous tactic for many reasons. Not least it…
DOES EVERY FIRM NEED A "PROPORTIONALITY" TSAR? PROPORTIONALITY AND SURVIVAL FOR LITIGATORS 3
In January this year I started a series “Proportionality and Survival for Litigators”. I predicted it would be a lengthy series. I want to look at practical ways in which litigators can ensure that costs remain “proportional”. This, most probably,…
ANOTHER CASE WHERE THERE WAS AN INVALID PART 36 OFFER; NO RESPONSE TO OFFERS TO MEDIATE AND NEITHER PARTY RECOVERED COSTS
There is a brief report on Lawtel of the Court of Appeal decision in NJ Rickard Ltd -v- Holloway (CA 03/11/2015)*. It is an example of: (i)the importance of making a valid Part 36 offer; (ii)an example of the consequences…
WHAT IS MEANT BY "PROPORTIONALITY"? CONSIDERATION BY THE SENIOR COURTS COSTS OFFICE
In Hobbs -v- Guy’s and St Thomas’ NHS Foundation Trust [2015] EWHC B20 (Costs) Master O’Hare considered the question of proportionality in the context of a low value clinical negligence case. “In my judgment, although it was reasonable for the…
YOU'RE AS BAD AS EACH OTHER: NO-ONE IS GETTING ANY COSTS: POWERFUL WORDS IN THE HIGH COURT
In GBM Minerals Engineering Consultants Limited -v- GM Minerals Holdings Limited [2015] EWHC 3091 (TCC) Mr Justice Fraser had some some strong words to say about conduct and costs, resulting in a decision that no order for costs should be…
DAMNED IF YOU DO: DAMNED IF YOU DON'T: AGREEING COSTS BUDGETS AND COMPLYING WITH THE OVERRIDING OBJECTIVE
“Are lawyers colluding on fees?”, asked Rachel Rothwell in the Law Society Gazette yesterday. Rachel was reporting on a concern, albeit a low key one expressed by some judges that parties are “colluding” to keep their fees high in costs…
APPLICATION FOR INDEMNITY COSTS REFUSED: A HIGH COURT DECISION
In the judgment today in Harlequin Property (SVG) Limited -v- Wilkins Kennedy [2015] EWHC 3050 (TCC) Mr Justice Coulson refused an application for indemnity costs and reduced the sum claimed from £51,787.50 to £35,000. THE CASE The claimant made a…
SUCCESSFUL PART 36 OFFER BY CLAIMANT ATTRACTS INDEMNITY COSTS ONLY FROM THE DATE OF EXPIRY OF THE OFFER: A HIGH COURT CASE
In RXDX -v- Northampton Borough Council [2015] EWHC 2938 (QB) Sir Colin Mackay revised an order in relation to indemnity costs following a Part 36 offer. THE CASE On the 12th March 2015 the claimant offered to settle the issue…
DO FIXED COSTS APPLY TO PORTAL CASES ALLOCATED TO THE MULTI TRACK? A COUNTY COURT DECISION – THAT SAYS THAT THEY DO
In Quader -v- Esure Services Limited (Birmingham County Court 15th October 2015) His Honour Judge David Grant considered the issue of whether fixed costs applied to a portal case that was transferred to the Multi Track. THE CASE The judge…
SUING OR DEFENDING ON BEHALF OF AN ESTATE OR TRUST FUND: DID YOU KNOW YOUR COSTS BUDGETS MUST BE FILED WITH THE PLEADINGS?
A solicitor has pointed out to me the surprise provisions of Practice Direction 3F – on Costs Capping. The title of the Practice Directions is deceptive. There are also mandatory provisions in relation to the filing of costs budgets at…
REFUSAL TO REALLOCATE: DISTRICT JUDGES WILL NOT ACT AS THE "COURT OF APPEAL" IN ALLOCATION DECISIONS
In Williams -v- Santander UK PLC [2015] EW Misc B37(CC) District Judge Stamenkovich considered an application to re-allocate a case from the small claims track. “I can see no reason to sit as a Court of Appeal from my fellow…
IS THIS A PART 36 OFFER I SEE BEFORE ME? THAT'S A REALLY IMPORTANT QUESTION
The decision of Mr Justice Morgan in Tim-Alexander Gunther Nikolaus Hertel -v- Artemis International Sarl [2015] EWHC 2848 (Ch) involves a complex set of facts but is extremely important in terms of construction of Part 36 offers. (It is perhaps…
WHEN DOES INTEREST BEGIN TO RUN ON COSTS? AN IMPORTANT DECISION
In Involnert Management Inc -v- Aprilgrange Limited [2015] EWHC 2834 (Comm) Mr Justice Legatt addressed the issues of when interest runs on costs. The problem arose because interest under the Judgments Act 1838 carries interest at 8%. Interest on costs…
LIQUIDATORS CLAIMED £1.1 MILLION IN COSTS: NO ORDER FOR COSTS MADE: NO ROBIN HOOD ORDER HERE
I am grateful to Anton Smith of Ashton Bond Gigg Solicitors for sending me details of the decision of Mr Registrar Jones In Brooks & Willetts (liquidators or Robin Hood Centre Plc) -v- Armstrong 2015 EWHC 2289 (Ch) a copy…
NEW RULES COMING INTO FORCE ON THE 1st OCTOBER 2015: MEET PRECEDENT Q
A reminder that there are new rules coming into force today, together with some changes to the Practice Directions. WHERE TO FIND THEM The civil procedure rules are here The amendments to the Practice Directions are here 81st Update PD Making…
RESPONDENT TO APPLICATION TO AMEND PLEADINGS ORDERED TO PAY COSTS BECAUSE THEY SHOULD HAVE CONSENTED
I am grateful to Tobias Haynes from Regulatory Legal solicitors for sending me details of a judgment given today in relation to the costs of amendment. This is based on Tobias’ note of the judgment which was given today (30th…
CHILDREN AND SUCCESS FEES PART 2: WHAT SUCCESS FEE WAS REASONABLE?
We looked earlier at the decision of the Regional Cost Judge Lumb in the case of A & B -v- The Royal Mail Group [2015] EW Misc B24(CC)(14th August 2015). As a result of that case the decision of the success…
THE SUMMARY ASSESSMENT OF COSTS: A PRIMER
In the recent post on the case of SRA -v-Imran we saw the problems posed because the respondent had failed to file a schedule of costs. Rather than order a detailed assessment the judge’s response was to order a “nominal”…
ADMINISTRATIVE COURT AWARDS NOTIONAL COSTS: THE PRICE TO PAY FOR THE ABSENCE OF A COSTS SCHEDULE
There is an interesting exchange at the end of the judgment of Mr Justice Dove in The Queen on the application of the Solicitors Regulation Authority -v- Imran [2015] EWHC 2572 (Admin). A REMINDER This is an example of the…
COSTS, CFAS, ADDITIONAL LIABILITIES AND GOING OUTSIDE PUBLIC FUNDING 2: SURREY -v- BARNET & CHASE
See the appeal on this case discussed here. The previous post looked at the decision of Master Rowley in Hyde -v- Milton Keynes Hospital NHS Foundation Trust [2015] EWHC B17 (Costs). In that case the Master decided that a decision to…
COSTS, CFAS, ADDITIONAL LIABILITIES AND GOING OUTSIDE PUBLIC FUNDING 1: HYDE -v- MILTON KEYNES
NB SEE THE APPEAL ON THESE ISSUES DISCUSSED HERE The decision of Master Rowley in Hyde -v- Milton Keynes Hospital NHS Foundation Trust [2015] EWHC B17 (Costs) has today become available on Bailli. It contains important observations in relation to…
RELIEF FROM SANCTIONS: LATE SERVICE OF NOTICE OF FUNDING
Relief from sanctions following late service of the notice of funding was granted by Mr Justice Simon in Jackson -v- Thompson Solicitors (& others) [2015] EWHC 549 (QB). THE CASE The claimant had failed in an action against multiple defendants…
HIGHER COURT FEES IN THE (NOT TOO DISTANT) FUTURE: THE GOVERNMENT RESPONSE TO CONSULTATION
The government response to the consultation process on court fees is now available. WHAT IT SAYS (“FOR THE MOST PART WE HAVE IGNORED EVERYONE AND THE INCREASES WILL GO AHEAD IN ANY EVENT”). “Following a consultation launched by the Coalition…
THE EFFECT OF QOCS ON LITIGATION: HERE'S THE THING: CASES WILL BE FOUGHT ON THEIR MERITS
There has been much debate about the impact of QOCS on litigation. To date much of this has, inevitably, been speculative. However it is worthwhile reading George Riley’s article, Fundamental dishonesty and litigation in the post-Jackson landscape. This shows, honestly…
MISCONDUCT ON ASSESSMENT LEADS TO REDUCTION OF COSTS BY 50%: KERINS -V- HEART OF ENGLAND NHS FOUNDATION TRUST
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…
QOCS, STRIKING OUT AND THE LIABILITY TO PAY IN FULL: A COUNTY COURT DECISION
I am grateful to Colm Nugent of Hardwicke Chambers for sending me a copy of the judgment in Wall -v- British Canoe Union. A decision of HH Judge Lopez in Birmingham County Court on the 30th July 2015. The judgment…
PROPORTIONALITY, ASSESSMENT AND THE COSTS OF BUDGETING: SENIOR COURTS COSTS OFFICE DECISION TODAY
In BP -v- Cardiff & Vale University Local Health Board [2015] EWHC B13 (Costs) Master Gordon-Saker considered several issues relating to proportionality; the format of bills and the costs of costs budgeting. “Having conducted an assessment of the reasonableness of…
CHILDREN, SUCCESS FEES AND DEDUCTIONS FROM DAMAGES : AN IMPORTANT JUDGMENT
The question of child claimants and deductions from damages remains a live and controversial one. The judgment on this issue of the regional costs judge,District Judge Lumb in A & B -v- The Royal Mail Group [2015] EW Misc B24(CC)(14th…
ORDERING SECURITY FOR COSTS, THIRD PARTY ACTIONS AND THE COSTS BUDGET
How important is an approved costs budget in determining the sum to be ordered by way of security for costs? This was an issue considered by Mr Justice Andrew Smith in Sarpd Oil International Ltd -v- Addax Energy [2015] EWHC…
NEW BILL OF COSTS CONSULTATION: A USEFUL LINK
A pilot scheme is being introduced for a new bill of costs model. Initially voluntary the scheme may become compulsory. THE DRAFT BILL AND GUIDANCE DOCUMENTS Useful guidance is available on the Hailsham Chambers website. The draft bill and guidance…
COSTS: THE FACT YOU CAN'T PAY MAKES NO DIFFERENCE: AN IMPORTANT LESSON FOR LITIGANTS
In Bridge -v- Daley [2015] EWHC 2121 (Ch) Judge Hodge QC (sitting as a judge of the High Court) considered submissions made in relation to a losing party paying costs. THE CASE The claimant sought permission to continue a derivative…
LITIGATION AS IT SHOULD NOT BE DONE: GOTCH -v- ENELCO
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…
ESSENTIAL READING: "FEES A CROWD WHEN JUSTICE AND POLITICS COLLIDE": A NLJ & LSLA PUBLICATION
There is a section on this blog devoted to links to posts on procedure and costs. Occasionally, however, a post is so important that I feel compelled to draw attention to it. This definitely applies to the publication “Litigation Trends…
COURT OF APPEAL OVERTURNS AWARD OF INDEMNITY COSTS
In Arcadia Group Brands Ltd -v- Visa Inc [2015] EWCA Civ 883 the Court of Appeal, dismissed an appeal on the merits, but nevertheless overturned the judge’s order for indemnity costs. THE CASE The claimants were bringing actions for breaches…
COSTS AND CONDUCT 3: THE COURT OF APPEAL AND ISSUE BASED COSTS ORDERS
This is the third case today about the issue of costs and the conduct of proceedings. It is the most complex, Smith & Nephew plc -v- ConvaTec Technologies Inc [2015] EWCA Civ 803. THE CASE The Court of Appeal allowed…
COSTS AND CONDUCT 2: LOSER PAYS ALL APPLIES: MOORE IS NOT LESS
In The London Borough of Tower Hamlets -v- The London Borough of Bromley [2015] EWHC 2271 (Ch) Mr Justice Norris refused an application for an issue based order and made an order for costs under the general rule that the…
COSTS & CONDUCT 1: MULTIPLE PARTIES, "BULLOCK" AND "SANDERSON" ORDERS AND INDEMNITY COSTS TO THE DEFENDANTS
There are several cases today where the courts have considered the issue of where costs should fall and how judicial discretion should be exercised. The first we consider is Asghar -v- Ahmad [2015] EWHC 2234 (QB) a decision of Mr…
OUCH! THINKING OF DRAFTING A COSTS BUDGET? BEST READ THIS FIRST
The judgment of Mr Justice Stuart-Smith in GSK Project Management Ltd -v- QPR Holdings Ltd [2015] EWHC 2274 (TCC) is one that needs to read by anyone involved in preparing a costs budget. To say the judge was critical of…
NEW RULES RELATING TO "NEUTRAL EVALUATION" ; LITIGANTS IN PERSON; ASSESSMENT; SPECIALIST FINANCIAL LIST (AND MORE…)
New rules have been introduced which (for the most part) come into force on the 1st October 2015. Here we look at the key changes. THE RULES The Civil Procedure (Amendment No.4) Rules 2014 were laid before Parliament on the…
THE TRANSITIONAL PROVISIONS OF QOCS: IMPORTANT AND INTERESTING DECISION: THE MEANING OF "PROCEEDINGS"
There is an interesting decision on checkmylegalfees.com website in relation to the transitional provisions of the QOCS regulations. The full transcript of Casseldine -v- The Diocese of Llandaff Board for Social Responsibility (Regional Costs Judge Phillips, Cardiff County Court 15th…
CONDITIONAL FEE AGREEMENTS NOT SENT TO COVENTRY: KEY POINTS AND LINKS
The decision in Coventry -v- Lawrence [2015] UKSC 50 has not led to any major change in practice and procedure (in relation to a costs regime that had already ended anyway). A link to the judgment is here KEY POINTS…
JUSTICE COMMITTEE INQUIRY IN THE EFFECTS OF THE INCREASE IN COURT FEES: HOW TO RESPOND
The Justice Committee is holding an inquiry into the effects of the introduction and levels of the increased court fees. If anyone wants to send their responses to this blog, in addition to the inquiry, I will arrange a specific…
