Monthly Archives: January 2015

APPEALING COSTS BUDGETS: THE RELEVANT CRITERIA CONSIDERED AND APPLIED

The decision of H H Judge Freedman in Havenga -v- Gateshead NHS Foundation Trust [2014] EWHC B25(QB) demonstrates how difficult it is for a party to appeal a costs budget. THE CASE The claimant was bringing a claim for hemiplegic cerebral palsy, liability had been agreed on a 75:25% basis. The claimant put the value […]

THE DANGERS OF A PART 36 OFFER: CLAIMANT PAYS THREE TIMES MORE IN COSTS THAN HE RECEIVED IN DAMAGES

The dangers of a claimant rejecting a Part 36 offer are clearly demonstrated in the case of UWUG Ltd & Haiss -v- Ball [2015] EWHC 74 (IPEC). The claimant received damages of £2,859.20 but was ordered to pay the defendant  a balance in costs of  £9,710. THE CASE The defendant (Mr Ball) had been found […]

COSTS AT THE END OF THE CASE: THE JUDGE CAN MAKE OBSERVATIONS ABOUT MATTERS OUTSIDE THE COSTS BUDGET

The judgment of H.H. Judge Simon Brown Q.C in Excelerate Technology Ltd -v- Cumberbatch [2015] EWHC B1 Mercantile contains some interesting observations at the end. This illustrates the need for trial counsel to be aware of both the costs budget and the need to ask the trial judge to consider matters outside the trial budget. […]

THE RIHANNA CASE AND OPINION EVIDENCE IN WITNESS STATEMENTS: BEEN THERE, DONE THAT GOT THE TEE SHIRT

We should, perhaps, get used to celebrities dominating the law reports. After court fees are increased they will be the only people who will be able to afford litigation in any event.  The case of Robyn Rihanna Fenty -v- Arcadia Group Brands Limited [2015] EWCA Civ 3 is the headlines today. Less well publicised is […]

LET THE COURT KNOW HOW MUCH AN EXPERT IS GOING TO COST: A MANDATORY REQUIREMENT

The short judgment of Mr Justice Warby in Sloutsker -v- Romanova [2015] EWHC 81(QB) contains some important observations about preparing for hearings. It also serves as a timely reminder that a party asking for permission to instruct an expert must give an estimate of the costs of that expert. THE CASE The case was an […]

DOCUMENTS, CIVIL EVIDENCE AND WITNESS STATEMENTS: SERVE PROPER NOTICES OR YOU COULD BE ON YOUR BIKE

The judgment of His Honour Allan Gore QC (sitting as a High Court judge) in Edwards -v- London Borough of Sutton [2014] EWHC 4378 QB contains some important observations about documents, Civil Evidence Act notices and witness statements. THE CASE The claimant was claiming damages for personal injury arising from a fall from a bridge […]

GET BUNDLES AND SKELETON ARGUMENTS TO COURT – OR ELSE: CHIEF CONSTABLE COPS IT

There is a brief report on Lawtel today of the case of Marsh -v- Ministry of Justice (QB Phillips J 20/01/2015)*. It provides an object lesson on the need for all parties (and non-parties) to lodge – or re-lodge – bundles and file skeleton arguments on time. KEY POINTS The applicant chief constable was a […]

GORDON RAMSAY CASE AND WITNESS EVIDENCE: ABSENCE OF KEY WITNESSES DOES NOT LEAD TO TURNING UP OF THE HEAT

The case of Gordon Ramsay -v- Gary Love [2015] EWHC 65 (Ch) has had much attention in the media, primarily because of the identity of the claimant. However the judge made important observations as to the inferences that can be drawn when certain key witnesses are not present at trial. The case highlights important elements […]

SUBSTANTIAL COSTS INCURRED IN ARGUING ABOUT COSTS: NIGHTMARE IN BELGRAVIA?

In Chliafichtein -v-Wainbridge Estates Belgravia Ltd [2015] EWHC 47 (TCC) Mr Justice Coulson made some comments in relation to the escalation of costs in preparing for an argument about who should pay the costs. THE CASE The claimant obtained an ex-parte injunction preventing the defendant carrying out excavations close to a party wall shared with […]

SERVICE OF THE CLAIM FORM: E-MAILING A COPY IS NOT GOOD SERVICE (AND WON’T BE EXCUSED)

Service of the claim form raises its head for the second time in two days. In Dunbar Assets Plc -v- BCP Premier Limited [2014] EWHC 10 (Ch) Mr John Baldwin QC (sitting as a Deputy Judge) overturned an order that service of a claim form by e-mail was good service. (A CAVEAT ON THE POST […]