COST BITES 163: NO DEDUCTION FROM SUCCESSFUL RESPONDENT’S COSTS: A POINT OR TWO ABOUT “CLIENT’S” SUBMISSIONS
In McAteer v Hat & Mitre & Ors (Re Consequential Matters) [2024] EWHC 1746 (Ch) Sir Anthony Mann (sitting as a High Court Judge) dismissed the unsuccessful appellant’s application that the respondent’s costs be reduced. There were also some important…
IMPORTANT THINGS TO THINK ABOUT WHILE THE SUPREME COURT JUDGMENT IN MENZIES -v- OAKWOOD IS PENDING
The Court of Appeal decision in Menzies v Oakwood Solicitors Ltd [2023] EWCA Civ 844 was appealed to the Supreme Court and was heard last week. The judgment is pending. In the interim period my colleague Matthew Smith suggests that claimant…
COST BITES 162: YOU CAN’T SEND SOMEONE TO PRISON FOR NOT PAYING YOUR COSTS – YOU REALLY CAN’T
In Smith v Kirkegaard [2024] EWCA Civ 698 the Court of Appeal found that it is not possible to imprison someone for contempt if they have failed to pay costs ordered during a court action. The judgment involves a look…
COST BITES 160: SOLICITOR AND OWN CLIENT ASSESSMENTS AND THE IMPORTANCE OF “ESTIMATES” OF COSTS
We are looking for the third time at the judgment in St. James v Wilkin Chapman LLP [2024] EWHC 1716 (KB). One of the issues that the (former) client raised was the absence of any accurate estimate in relation to costs…
THE COSTS JUDGE OVER YOUR SHOULDER (SOLICITOR AND OWN CLIENT COSTS): WEBINAR 15th JULY 2024
The previous post on the judgment in St. James v Wilkin Chapman LLP [2024] EWHC 1716 (KB) highlights the fact that great care is needed in entering into funding agreements with clients when the solicitor proposes to deduct costs from the…
COST BITES 158: SOLICITOR WAS ONLY ENTITLED TO SUCCESS FEE AND NO FURTHER COSTS: HIGH COURT DECISION ON APPEAL
In St. James v Wilkin Chapman LLP [2024] EWHC 1716 (KB) Mr Justice Constable allowed an appeal against a decision that a solicitor was entitled to deduct additional costs from the claimant’s damages. The judge held that the terms of…
CLAIMANT’S PART 36 OFFER ON LIABILITY NOT EFFECTIVE WHEN CAUSATION WAS STILL AT LARGE: NOT AN EFFECTIVE TRY
In Elbanna v Clark (Re Consequential Matters) [2024] EWHC 1471 (KB) Mr Justice Sweeting found that a claimant’s Part 36 offer to accept 75% of liability was too ambiguous to be effective when issues of causation were also to be…
WHEN SHOULD A PART 20 DEFENDANT BE LIABLE TO PAY THE PART 20 CLAIMANT’S COSTS OF DEFENDING THE MAIN ACTION? THE PRINCIPLES CONSIDERED
In Alison Healey (Widow And Executrix of the Estate of Simon Andrew Healey, Deceased) v Mr Daniel McgRath [2024] EWHC 1360 (KB) Dexter Dias KC, sitting as a Deputy High Court Judge, considered the question of whether it was appropriate…
COST BITES 156: COSTS BUDGETING WAS APPROPRIATE IN THE CASE OF A SERIOUSLY INJURED CHILD: IT HELPS THE CLAIMANT AS MUCH AS THE DEFENDANT
I am grateful to PJ Kirby KC for sending me a copy of the judgment of Master Brown in the case of PXT -v- Atere-Roberts [2024] EWHC 1372 (KB), a copy of which is available here Judgment PXT final 6…
COST BITES 155: HOW PARTICULAR SHOULD POINTS OF DISPUTE BE? AINSWORTH PRINCIPLES APPLY TO INTERPARTES ASSESSMENTS
In Wazen v Khan [2024] EWHC 1083 (SCCO) Deputy Costs Judge Roy KC considered the question of how detailed and particularised points of dispute have to be. In particular whether the principles in Ainsworth v Stewarts Law LLP [2020] EWCA Civ…
UPDATE ON PREVIOUS POST: SUCCESSFUL DEFENDANT’S COSTS REDUCED BY 25% BECAUSE THEY REFUSED TO CONSIDER MEDIATION
Following the previous post about the judgment of HHJ Mithani KC in Conway v Conway & Anor (Rev1) [2024] EW Misc 19 (CC) there is an interesting post about the subsequent decision of costs. This is on Linked In by…
COST BITES 154: SOLICITOR’S COSTS AND ESTIMATES: A CASE THAT EVERY PRIVATE CLIENT AND EVERY LITIGATOR SHOULD READ
If ever there was a graphic warning of the way that costs can escalate beyond estimates it can be found in the judgment of Costs Judge Leonard in Griffin v Kleyman & Co Solicitors Ltd *[2024] EWHC 1151 (SCCO). The judge rejected…
TRANSFER FROM PART 8 TO PART 7 REVISITED: IT CAN BE AN EXPENSIVE BUSINESS
There have been a lot of cases recently regarding the question of whether an action was properly issued using the Part 8 procedure. We looked at the case of ISG Retail Ltd v FK Construction Ltd [2024] EWHC 878 (TCC) in…
COST BITES 153: ANOTHER ROUND IN THE BREAKDOWN OF MEDICAL REPORT FEES ONGOING SAGA: THE INVOICE SHOULD PROVIDE A BREAKDOWN
I am grateful to Simon Fisher from DWF for providing me with a copy of the judgment of Senior Costs Judge Gordon-Saker in CXR -v- Dome Holdings Limited, a copy of the judgment is available here CXR v Dome…
COST BITES 152: A PARTY MUST PROVIDE A SCHEDULE OF COSTS FOR A HEARING, EVEN IF IT DOESN’T EXPECT TO GET PAID
The judgment of Mr Justice Roth in Scenic International Group Ltd v Adenaike & Ors (Re Costs) [2024] EWHC 1178 (Ch) provides some important observations on the mandatory requirement for a party to produce a schedule of costs if it…
JOINING A SOLICITOR INTO AN APPLICATION, WITH A THREAT OF COSTS – LED TO THE APPLICANTS PAYING £45,000 IN COSTS
The case of Tonstate Group Ltd & Ors v Wojakowski & Anor [2024] EWHC 1196 (Ch) is a real world example of the dangers of joining a litigant’s firm of solicitors in an application, threatening to seek costs against them. …
MAKING ALLEGATIONS OF DISHONESTY DOES NOT AUTOMATICALLY LEAD TO AN ORDER FOR INDEMNITY COSTS: BUT IT MIGHT DO: COURT OF APPEAL DECISION
I am grateful to both Kevin Latham and Andrew Buchan for pointing out the judgment of the Court of Appeal in Thakkar & Ors v Mican & Anor [2024] EWCA Civ 552. The court held that a judge had acted…
COSTS BUDGETING: ESSENTIAL GUIDANCE FROM COSTS JUDGE BROWN
Costs Judge Simon Brown has produced a Note to assist in the case management and costs budgeting process in Kings Bench Division involving high value personal injury claim. The purpose of the Note is to “provide a neutral approach to…
COST BITES 151: DOES QOCS APPLY TO DETAILED ASSESSMENT? YES IT DOES – BUT THE DEFENDANT HAS PERMISSION TO APPEAL
In Challis v Bradpiece [2024] EWHC 1124 (SCCO) Deputy Costs Judge Roy KC considered of whether a claimant had QOCS protection in detailed assessment. He concluded that the claimant continued to have costs protection. He accepted that the point was…
ARGUING ABOUT THE SIZE OF THE BILL: ANOTHER ROUND IN THE DISCLOSURE OF AGENCY COSTS AND MEDICAL FEES WAR: CLAIMANT ORDERED TO COMPLY WITH PART 18 REQUESTS FOR A BREAKDOWN OF THE INVOICE
I am grateful to Ben Millns from Kennedys for sending me a copy of the decision in Parsons -v- Stevens, a copy of which is available here. Deputy District Judge Fentem decided that it was appropriate to make an order…
REDUCING THE RISKS OF ADVERSE COSTS ORDERS IN CIVIL LITIGATION: WEBINAR 20th MAY 2024
A costs order against your client is always a painful event. This webinar looks at the best and safest means of litigating to avoid costs orders against a claimant. It covers areas relating to extensions of time, relief from sanctions…
COST BITES 150: WAS THIS A COMPLIANT STATUTE BILL (NO IT WASN’T): PERSONAL INJURY LAWYERS BEWARE
In Hensley v Morris Law Ltd [2024] EWHC 1101 (SCCO) Costs Judge Rowley held that a bill provided by a claimant’s solicitor to their client was not a compliant bill. It is a judgment that emphasises the importance of the…
COST BITES 149: SOLICITORS ACT ASSESSMENT – WERE THESE STATUTE BILLS? (YES THEY WERE)
In Pickering v Thomas Mansfield Solicitors Ltd [2024] EWHC 1107 (SCCO) Costs Judge Brown found that a series of invoices rendered by the defendant solicitors were “statute bills”. He rejected an argument that the requirements for such bills had been…
COSTS – WHEN YOU SOMETIMES THINK THE WORLD HAS GONE MAD: SPEND £28,535 TO CHALLENGE AN ATE PREMIUM OF £392…
In Bendriss v Nicholson Jones Sutton Solicitors Ltd [2024] EWHC 1100 (SCCO) Costs Judge Rowley dismissed a claimant’s application for specific disclosure. One notable aspect of the application was that the claimant had spent £28,535 in respect of this one application in…
WHAT TO DO IF THE DEFENDANT MAKES AN EARLY PART 36 OFFER 2024 : WEBINAR 13th MAY 2024
The making of an early Part 36 offer can cause major problems for claimants and their lawyers. An understanding of the rules, the relevant cases and the steps that need to be taken when a Part 36 offer is made…
INCREASE IN COURT FEES FROM THE 1ST MAY 2024
Court fees increased from the 1st May. Details of all court fees increased can be seen here. The increases apply in family and tribunal proceedings in addition to civil cases. 172 court fees have been increased by 10%. Here we…
SILENCE IN THE FACE OF AN OFFER TO MEDIATE CAN HAVE AN IMPACT ON COSTS: ONCE AN OFFER TO MEDIATE IS MADE THE BALL IS IN THE RECIPIENT’S COURT
In Northamber PLC v Genee World Ltd & Ors (Rev1) [2024] EWCA Civ 428 the Court of Appeal reiterated certain key points about a party refusing to mediate. Silence in the face of an offer to mediate can have an…
COST BITES 148: THE JUDGE WAS RIGHT TO ORDER COSTS TO BE PAID IMMEDIATELY AFTER A TRIAL ON LIABILITY
In Lorimer-Wing v Hashmi [2024] EWHC 931 (Ch) Mr Justice Edwin Johnson upheld a decision that a defendant should pay costs forthwith following a trial of a preliminary issue at which the claimant was successful. “The difficulty which confronts…
PROCEDURE, DAMAGES, LIABILITY, COSTS AND LIMITATION: A SERIES OF WEBINARS THIS YEAR AIMING TO HELP AVOID OR DEAL WITH PROBLEMS IN LITIGATION
The issues arising from many of the cases looked at on this blog are being considered in a series of webinars starting later this month. The webinars cover many of the problem areas of litigation: what to do when things…
COST BITES 147: WHO IS THE SUCCESSFUL PARTY? WHAT SUMS SHOULD BE DEDUCTED FOR LOSING ON CERTAIN POINTS? DOES A CALDERBANK OFFER MATTER?
In South Tees Development Corporation & Anor v PD Teesport Ltd [2024] EWHC 842 (Ch) Mr Justice Rajah determined issues relating to the costs of an action where the defendant had been largely successful. A Calderbank offer from the Defendant,…
COST BITES 146: LITIGANT IN PERSON (USING DIRECT ACCESS COUNSEL) WAS TO FILE A COSTS BUDGET
In Cotham School v Bristol City Council & Ors (Ruling on Costs Budgeting) [2024] EWHC 824 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) stated that a litigant in person was to provide a costs budget. The litigant…
COST BITES 145: AGENCY SHOULD PROVIDE A BREAKDOWN OF FIGURES FOR COST OF A MEDICAL REPORT: “ANY AJUDICATION ON PROPORTIONALITY, IN ALL ITS COMPONENT PARTS, DEMANDS TRANSPARENCY”
I am grateful to barrister James Miller for sending me a copy of the decision of HHJ Saggerson in Amini-Edu -v- Esure Insurance Company Ltd (8th March 2024). A copy of the transcript is available here. ENA AMINU-EDU COSTS JUDGMENT…
COST BITES 144: SUMMARY ASSESSMENT, REDUCED FROM £42,267 TO £22,000: A CASE IN POINT
One of the aims of this series is to look at costs issues that would not normally be examined. This is so practitioners can get a “feel” as to what actually goes on in court. A good example of this…
THE GUIDELINE HOURLY RATES: SEE THEM HERE: UPDATED FOR 2026 RATES
The Guideline Hourly Rates changed on 1st January 2026. These are set out below. The 2025 and 2024 rates can be found underneath. Guideline hourly rates 2026 (with previous year’s rates in brackets) Grade Fee Earner London 1 London 2…
COST BITES 143: JUDICIAL OBSERVATIONS ON THE COSTS OF FAMILY LITIGATION DISPUTES: KING LEAR IS A TRAGEDY AND ALL WILL NOT END WELL
There have been two cases recently where the courts have made comments about the costs of litigation in disputes between family members. Whilst the participants may each think themselves more sinned against than sinning, it is always prudent to consider…
COST BITES 142: COSTS ON AN UNSUCCESSFUL APPLICATION TO APPEAL IN A FAMILY CASE
I keep intending to write more about issues of costs in family cases. Not because I want to delve into the intricacies of family law, but because issues of costs have major ramifications for both the clients and practitioners. Even…
COST BITES 141: INTEREST ON COSTS: PREJUDGMENT INTEREST ALLOWED; POST JUDGMENT INTEREST DEFERRED FOR A PERIOD
In Asturion Foundation v Alibrahim [2024] EWHC 757 (Ch) Mr Justice Adam Johnson made two decisions in relation to interest on costs. He awarded pre-judgment interest on costs at 2% above base rate (it was calculated that the interest amounted…
COST BITES 140: WANT TO SEE SUMMARY ASSESSMENT IN ACTION: “MANIFESTLY EXCESSIVE” COSTS SUBSTANTIALLY REDUCED EVEN WHEN COSTS WERE BEING ASSESSED ON THE INDEMNITY BASIS
In Alvina Collardeau v Michael Fuchs & Anor [2024] EWHC 642 (Fam) Mrs Justice Knowles summarily assessed the costs a committal application. The judgment is an interest example of the summary assessment of costs, with substantial reductions being made to…
PART 36: NORMAL CONSEQUENCES OF FAILING TO BEAT OFFER MADE – REGARDLESS OF FINDINGS OF MISCONDUCT IN THE CONDUCT OF THE LITIGATION
In ABFA Commodities Trading Ltd v Petraco Oil Company SA (Re Consequential Matters) [2024] EWHC 706 (Comm) Mr Justice Foxton found that the normal Part 36 consequences should follow when a party (the effective claimant in the action) had beaten…
COST BITES 139: A CLAIMANT WAS NOT AWARDED COSTS AGAINST HIS OWN SOLICITORS: WHAT HAPPENS WHEN YOU BURY YOUR HEAD IN THE SAND
The judgment of Deputy Master Grimshaw in Al Tarboush v Cassam [2024] EWHC 639 (KB) shows two things: (i) the limitations of the wasted costs procedure; (ii) the major procedural problems that can arise in the course of a case…
COST BITES 138: IN THE ABSENCE OF A CHARGING CLAUSE THE SOLICITOR COULD NOT BE PAID FOR ACTING AS AN EXECUTOR (SEE ALSO “PROVING THINGS…)
In Brealey v Shepherd & Co Solicitors [2024] EWCA Civ 303 the Court of Appeal upheld a decision that a solicitor Executor could not charge for legal work done in the absence of a charging clause in a will. Although…
COST BITES 137: WASTED COSTS ORDER WAS APPROPRIATE: APPEAL DISMISSED: SOME NOTES ON PROCEDURE
We are looking again (and not for the last time) at the judgment of Mr Justice Martin Spencer in Rainer Hughes Solicitors v Liverpool Victoria Insurance Company Ltd & Ors (Rev1) [2024] EWHC 585 (KB). The decision to make a wasted costs…
COST BITES 136: COSTS JUDGE WAS RIGHT NOT TO ALLOW COSTS OF LEADING COUNSEL: DECISION UPHELD ON APPEAL
In Coram v DR Dunthorn & Son Ltd [2024] EWHC 672 (KB) Mrs Justice Yip, sitting with Costs Judge Nagalingam, upheld a decision not to award the costs of leading counsel on assessment of costs. “That is not to say…
THE VEXED QUESTION OF WITNESS STATEMENTS WHEN THE MAKER CANNOT SPEAK ENGLISH: LEADS TO MAJOR PROBLEMS AND A WASTED COSTS ORDER
We are going to be looking twice at the decision of Mr Justice Martin Spencer in Rainer Hughes Solicitors v Liverpool Victoria Insurance Company Ltd & Ors (Rev1) [2024] EWHC 585 (KB). The next post will look at procedure in…
COSTS BITES 136: SOLICITORS COULD NOT RENDER BILLS FOLLOWING TERMINATION OF RETAINER: THE REMEDY WAS TO SUE FOR DAMAGES
An earlier post looked at some aspects of the judgment of Mr Justice Trower in Winros Partnership v Global Energy Horizons Corporation [2021] EWHC 3410 (Ch). The assessment of costs in that action continued after the appeal. Preliminary points were considered by…
CLAIMANT BEATS THEIR OWN PART 36 OFFER: COMMISSIONER OF POLICE COPS FOR THE LOT…
In Bell v Commissioner of Police of the Metropolis (No. 2: Consequential Matters) [2024] EWHC 650 (KB) Mrs Justice Hill considered the consequences where the claimant had beaten their own Part 36 offers. The defendant was ordered to pay an…
COST BITES 135: COSTS OF SOLICITOR ATTENDING REHABILITATION CASE MANAGEMENTS – MAY BE RECOVERABLE, BUT IT DEPENDS…
In Hadley -v- Przybylo [2024] EWCA Civ 250 the Court of Appeal considered the issue of whether a solicitor in a personal injury case could recover the cost of attending rehabilitation case meetings. It was decided that the costs are potentially recoverable….
THE OFFERS WERE NOT PART 36 OFFERS: COURT COULD DETERMINE COSTS OF A PRELIMINARY TRIAL
In Holden v Holden & Anor [2024] EWHC 453 (Ch) Mr Nicholas Thompsell (sitting as a Deputy High Court Judge) considered offers made by the defendant to see whether they were in fact Part 36 offers. He held that they…
“SO OPENS ANOTHER CHAPTER IN THE CONTINUING WAR AGAINST OF FORENSIC ATTRITION BETWEEN MOTOR INSURERS AND CREDIT HIRE COMPANIES”: HIGH COURT JUDGE UPHOLD DECISION TO MAKE A NON-PARTY COSTS ORDER AGAINST CAR HIRE COMPANY
I am grateful to barrister Stephen Bailey for drawing my attention to the judgment of Mr Justice Turner in Kindertons Ltd v Murtagh & Anor [2024] EWHC 471 (KB). The judge upheld the decision to make a non-party costs order…
THE SUMMARY ASSESSMENT OF COSTS: A PRACTITIONER’S GUIDE: WEBINAR 18th MARCH 2024
We have seen several examples on this blog recently relating to the summary assessment of costs, in some cases the sums assessed have been substantial. This webinar on the 18th March 2024 looks at recent cases and then considers the…
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