Civil Litigation Brief
Menu
  • Home
  • About
  • Copyright
  • Advertising Policy
  • Legal Disclaimer
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » Proportional costs
APPEAL AGAINST DISPROPORTIONAL COSTS FAILS: REASONABLE TO USE LEADING COUNSEL IN A £25,000 CLAIM

APPEAL AGAINST DISPROPORTIONAL COSTS FAILS: REASONABLE TO USE LEADING COUNSEL IN A £25,000 CLAIM

June 11, 2019 · by gexall · in Appeals, Assessment of Costs, Costs, Proportionality

In East Sussex Fire And Rescue Service v Austin [2019] EWHC 1455 (QB) Mrs Justice Lambert dismissed the defendant’s (paying party) appeal. The defendant argued that costs were disproportional, that the use of leading counsel was unreasonable  – as was…

BABIES, BUNDLES, HUMAN RIGHTS, PROPORTIONALITY, CONDUCT AND COSTS:ALL IN ONE JUDGMENT

February 17, 2017 · by gexall · in Assessment of Costs, Bundles, Conduct, Costs, Damages, Proportionality

The judgment of Mr Justice Cobb in AZ -v- Kirklees Council [2017] EWFC 11 contains much of interest to the legal profession generally.  It shows the danger of failing to comply with court directions; make or respond to appropriate offers…

REASONABLENESS AND PROPORTIONALITY: A DIRECT IMPACT UPON LITIGATION DECISIONS

October 26, 2016 · by gexall · in Costs, Costs budgeting, Uncategorized

I have been writing for some time about the impact of “proportionality” upon the practice of litigation itself.  One example of this can be found in the judgment of Master James in  Briggs & 598 others -v-  First Choice Holidays…

PROPORTIONATE COSTS IN A FAMILY CASE: £33,813 REDUCED TO £3,737.50

September 6, 2016 · by gexall · in Appeals, Applications, Assessment of Costs, Costs, Proportionality, Uncategorized

In K -v- K [2016] EWHC 2002 (Fam) Mr Justice Macdonald reduced the costs of a successful party to an appeal in a family case. “The stringent test of proportionality in relation to costs incurred applies with equal force in…

COSTS BUDGETING & DAVID -v- GOLIATH: DOES IT GIVE THE "LITTLE GUY" A CHANCE?

COSTS BUDGETING & DAVID -v- GOLIATH: DOES IT GIVE THE "LITTLE GUY" A CHANCE?

June 29, 2016 · by gexall · in Assessment of Costs, Costs, Costs budgeting, Proportionality, Uncategorized

Costs budgeting remains highly controversial.  One question that is open to debate is – is it useful?  Its utility may be most apparent in cases where the sizes and resources of the litigants are vastly disparate. (Many personal injury lawyers…

PROPORTIONALITY: WE WILL, WE WILL ROCK YOU

June 16, 2016 · by gexall · in Assessment of Costs, Costs, Proportionality, Uncategorized

I am grateful to Jon Lord for sending me a copy of the decision of Master Rowley in Dr Brian May -v- Wavell Group Plc  given today (16/06/2016).  It is another case that centres on proportionality. There was a considerable…

OVERSPENDING ON YOUR COSTS BUDGET? BETTER TELL YOUR CLIENT

June 13, 2016 · by gexall · in Assessment of Costs, Costs, Costs budgeting, Uncategorized

Way back in the mist of time (that is post-Mitchell, pre-Denton) I reported a decision of District Judge Lumb on sanctions and costs budgeting. That particular post was then  plagiarised without any reference to me (matters were resolved amicably). However…

"THAT PROPORTIONALITY JUDGMENT": 10 KEY POINTS

June 5, 2016 · by gexall · in Assessment of Costs, Costs, Costs budgeting, Uncategorized

The post yesterday on the decision of Master Gordon-Saker in BNM -v-MGN Limited [2016] EWHC B13 (Costs) set out the case in some detail.  Here are the key points of that decision. KEY POINTS On an assessment of costs on…

PROPORTIONALITY CONQUERS ALL? PROFIT COSTS (AND COUNSEL'S FEES) HALVED

June 4, 2016 · by gexall · in Assessment of Costs, Case Management, Civil evidence, Costs, Costs budgeting, Success Fees, Uncategorized

The decision of Master Gordon-Saker in BNM -v-MGN Limited [2016] EWHC B13 (Costs) has already received widespread publicity. The principle of proportionality was used to halve profit costs and counsel’s fees and make a substantial reduction on the insurance premium….

CAR HIRE CHARGES SHOULD STAY IN PROTOCOL: COURT OF APPEAL DECISION TODAY

April 21, 2016 · by gexall · in Appeals, Applications, Civil Procedure, RTA Protocol, Uncategorized

In Phillips -v- Willis [2016] EWCA Civ 401 the Court of Appeal gave some clear guidance as to the appropriate approach of the courts when the issues relating to damages are “whittled down” by agreement. The normal procedure is for…

A CLEVER PLOY: HIRE EXPENSIVE LAWYERS AND THEN ARGUE COSTS ARE DISPROPORTIONAL

March 1, 2016 · by gexall · in Applications, Disclosure, Electronic service,, Proportionality, Uncategorized

The decision of Mr Justice Foskett  in Vilca -v- Xtrata Limited [2016] EWHC 389 (QB) is interesting for a number of reasons, in particular relating to disclosure and case management. Here I want to look at the judge’s consideration of arguments…

PROPORTIONALITY, COSTS AND PAYMENTS ON ACCOUNT: A HIGH COURT DECISION

November 11, 2015 · by gexall · in Assessment of Costs, Proportionality, Uncategorized

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…

WHAT IS MEANT BY "PROPORTIONALITY"? CONSIDERATION BY THE SENIOR COURTS COSTS OFFICE

November 3, 2015 · by gexall · in Conduct, Costs, Uncategorized

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…

PROPORTIONALITY, ASSESSMENT AND THE COSTS OF BUDGETING: SENIOR COURTS COSTS OFFICE DECISION TODAY

August 17, 2015 · by gexall · in Assessment of Costs, Costs, Uncategorized

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…

MORE ON SUMMARY ASSESSMENT OF COSTS & PROPORTIONALITY: NOT GOING FOR A SONG

February 16, 2015 · by gexall · in Applications, Civil Procedure, Costs, Costs budgeting

The issue of proportionate costs was considered  by Judge Behrens in Taylor -v- Bell & Haworth (16th February 2015). It provides a useful example of judicial comments in relation to disproportional costs. THE CASE The applicant was seeking a variation of…

COSTS REDUCED FROM £201,000 TO £96,465 ON SUMMARY ASSESSMENT: A WORKING EXAMPLE OF PROPORTIONALITY IN PRACTICE

January 16, 2015 · by gexall · in Applications, Costs, Costs budgeting

It is always useful to look at the way in which courts are carrying out summary assessments.  Another interesting example of the pragmatic approach adopted can be found in the judgment of Mr Justice Akenhead in Savoye -v- Spicers Ltd…

SUMMARY ASSESSMENT OF COSTS: AN IMPORTANT EXAMPLE

December 13, 2014 · by gexall · in Applications, Costs

This blog has looked at examples of  the summary assessment of costs before. These do not give rise to any great principles or points of law. Summary assessments are rarely (if ever) reported. Virtually every litigator is going to be…

PROPORTIONALITY & SURVIVAL FOR LITIGATORS: LITIGATING WITHIN A BUDGET: PART 1 OF WHAT MAY WELL BE A MULTI PART SERIES

December 7, 2014 · by gexall · in Civil evidence, Civil Procedure, Costs, Costs budgeting, Useful links

There is now plenty  of material on costs budgeting,  much of it can be found in links on this blog.  However I have not found any guidance for  litigators on how  the requirement for “proportional” costs will affect their  work…

Copyright

© Gordon Exall, Civil Litigation Brief, 2013-2021. Unauthorised use and or duplication of the material contained on this blog without permission from this blog's author is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Gordon Exall and Civil Litigation Brief with appropriate and specific direction to the original content.

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 23,246 other subscribers

Recent Posts

  • DEFENDANT NOT PERMITTED TO PLEAD FUNDAMENTAL DISHONESTY ON A SPECULATIVE OR CONTINGENT BASIS
  • HIGH COURT GRANTS RELIEF FROM SANCTIONS FOLLOWING BREACH OF PEREMPTORY ORDER: IMPACT OF COVID CONSIDERED
  • EXPERTS, CONFLICTS OF INTEREST AND THE DUTY OF DISCLOSURE: A REVIEW OF THE RULES AND CASES: HOW EXPERTS CAN AVOID HITTING THE NET
  • HOW TO INSTRUCT COUNSEL: USEFUL GUIDES: “DO NOT MAKE YOUR INSTRUCTIONS FLUFFY”
  • “VARIOUS WITNESSES CAN ALL GIVE HONEST BUT NEVERTHELESS CONFLICTING ACCOUNTS OF A GIVEN EVENT”: GESTMIN PRINCIPLES CONSIDERED IN THE CONTEXT OF A ROAD TRAFFIC ACCIDENT

Top Posts & Pages

  • DEFENDANT NOT PERMITTED TO PLEAD FUNDAMENTAL DISHONESTY ON A SPECULATIVE OR CONTINGENT BASIS
  • HOW TO INSTRUCT COUNSEL: USEFUL GUIDES: "DO NOT MAKE YOUR INSTRUCTIONS FLUFFY"
  • HIGH COURT GRANTS RELIEF FROM SANCTIONS FOLLOWING BREACH OF PEREMPTORY ORDER: IMPACT OF COVID CONSIDERED
  • EXPERTS, CONFLICTS OF INTEREST AND THE DUTY OF DISCLOSURE: A REVIEW OF THE RULES AND CASES: HOW EXPERTS CAN AVOID HITTING THE NET
  • "VARIOUS WITNESSES CAN ALL GIVE HONEST BUT NEVERTHELESS CONFLICTING ACCOUNTS OF A GIVEN EVENT": GESTMIN PRINCIPLES CONSIDERED IN THE CONTEXT OF A ROAD TRAFFIC ACCIDENT

Blogroll

  • Coronavirus: Guidance for lawyers and businesses
  • Fatal Accident Law
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 14th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • Website of 4 – 5 Gray's Inn Square
  • Website of 4-5 Gray's Inn Square, Catastrophic Injury Group
  • www.Bailii.org

Archives

Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.
To find out more, including how to control cookies, see here: Cookie Policy

Copyright © 2021 Civil Litigation Brief

Powered by WordPress and Origin