WHEN ARE THERE GOOD REASONS NOT TO ORDER A PAYMENT ON ACCOUNT OF COSTS? WHAT IS A “REASONABLE FIGURE” FOR SUCH PAYMENT? THE ISSUES CONSIDERED IN THE HIGH COURT
When a party loses an application or a case and costs are not assessed immediately then the general principle is that the paying party will be ordered to pay “a reasonable sum on account of costs”. Here the court considered…
COST BITES 81: A SUCCESSFUL APPELLANT GETS THEIR COSTS: THE COURT WOULD NOT GIVE A “BLANK CHEQUE IN RELATION TO PAYMENT ON ACCOUNT OF COSTS
There are two matters of interest in the Court of Appeal judgment in R (On the Application Of) v Thanet District Council (Re Costs) [2023] EWCA Civ 526. Firstly the court’s rejection of an argument that the successful party had…
COSTS BITES 53: POSSIBILITY OF AN APPEAL AND INABILITY TO RELY ON COSTS BUDGET ARE NOT GROUNDS FOR REFUSING AN INTERIM ORDER FOR COSTS
In Isaac v Tan & Anor (Re Costs) [2022] EWHC 3478 (Ch) Mr Justice Adam Johnson considered issues of costs following an unsuccessful unfair prejudice application relating to the shares of Cardiff City Football Club. He held that the application…
COST BITES 52: “WE WANT IT ALL AND WE WANT IT NOW”: COURT REFUSES CLAIMANT’S APPLICATION FOR A SUMMARY ASSESSMENT OF COSTS
One of the aims of this series is to look at those issues of costs that are, on the face of it, incidental to the main issue decided by the court. However, in practical terms, the costs issue is of…
COURT REFUSES AN APPLICATION FOR INTERIM PAYMENT FOR COSTS: A REVIEW OF THE PREVIOUS CASES
In NAX v MAX & Anor [2021] EWHC 3492 (QB) Master Brown refused a claimant’s application for an interim order for costs. The judgment is useful in that it reviews the previous cases on the topic and sets out the…
“THE DEVELOPING BODY OF LAW AS TO THE RELATIONSHIP BETWEEN COSTS MANAGEMENT AND DETAILED ASSESSMENT”: INTERIM ORDER FOR COSTS AFTER A TRIAL: 90% OF BUDGETED COSTS 70% OF INCURRED COSTS
The courts have been supportive of applications for interim costs for a successful party after a trial. The interim payment at this stage is not nominal and is normally firmly based on the budgeted costs. A working example can be…
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