SUMMARY ASSESSMENT OF COSTS: THERE WAS PROCEDURAL UNFAIRNESS IN THE ASSESSMENT PROCESS, HOWEVER THE RESULT WOULD HAVE BEEN THE SAME
In Golubovich v Golubovich [2022] EWHC 1605 (Ch) Mr Justice Edwin Johnson refused a defendant permission to appeal from the decision made in a summary assessment of costs. There had been procedural unfairness in the way that the assessment was…
JUDGE VARIES ORDER SO SUMMARY ASSESSMENT OF COSTS REPLACES DETAILED ASSESSMENT: COSTS SUMMARILY ASSESSED AT £7,250,000
In Pipia v Bgeo Group Ltd [2022] EWHC 846 (Comm) Mr Justice Henshaw took the unusual step of replacing an order for detailed assessment with an order for a summary assessment and then assessing the costs. THE CASE The defendant…
DIDN’T FILE A SCHEDULE: COSTS CONFINED TO COUNSEL’S FEES
In Mahandru v Nielson [2021] EWHC 2297 (QB) Mrs Justice Steyn DBE considered what costs should be awarded when a respondent had successfully defended an appeal but not filed a costs schedule. The answer, in that case, was to simply…
LOOKING AT A SUMMARY ASSESSMENT: WHAT IS BEING ASSESSED? HOURLY RATES AND CAN LONDON SOLICITORS BE JUSTIFIED?
Sometimes it is interesting to see what happens in summary assessments. Very few are reported and looking at those that are can help litigators get a “feel” for the process. In this respect of the judgment of HHJ Matthews (sitting…
FIXED COSTS DO NOT APPLY TO MONTREAL CONVENTION CLAIMS: DECISION FROM LIVERPOOL
I am grateful to Katie Wheeler from Compass Costs for sending me a copy of the judgment of District Judge Baldwin (Regional Costs Judge) in McKendry -v- British Airways PLC (hearing 16th May 2018 – judgment received today, available here McKendry)….
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…
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…
MORE ON SUMMARY ASSESSMENT OF COSTS & PROPORTIONALITY: NOT GOING FOR A SONG
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
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…
CLAIMANT OBTAINED COSTS OF ACTION EVEN AFTER DISCONTINUANCE: WATCH THE WORDING OF CORRESPONDENCE
In Rokvic -v- Peacock [2014] EWHC 3729 (TC) the claimant obtained an order for costs against the defendant even though the claimant had discontinued the action. It is, if anything, a warning to be totally precise in wording when making offers and…
THE SUMMARY ASSESSMENT OF COSTS: USEFUL LINKS
The previous post reported on how summary assessment was conducted in a High Court case. This led me to look at the guidance that is available in relation to preparing a bill for summary assessment and also for hearing of…
SUMMARY ASSESSMENT: HOW IT WORKS IN PRACTICE: LOVELL -v- MERTON PRIORY HOMES
There is nothing remarkable about the decision of Mr Justice Edwards-Stuart in Lovell Partnerships Ltd-v- Merton Prior Homes [2014] EWHC 1800 (TCC) where he assessed costs after a trial. However it provides an example of the robust manner in which…
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