Category Assessment of Costs

TALES FROM COSTS LAW CONFERENCE II: THE RISE OF SOLICITOR AND OWN CLIENT COSTS DISPUTES

One of the predictions made by several speakers at the Association of Costs Lawyers conference last week was the likelihood of a rise in the number of solicitor and own client disputes in relation to costs. Clients are now paying part of their damages as costs; As a result of costs budgeting and the principle […]

WHEN SHOULD A WINNING PARTY PAY THE COSTS OF THE OTHER SIDE?

In Hospira UK Limited -v- Cubist Pharmaceuticals LLC [2016] EWHC 2661 Pat Mr Justice Henry Carr considered the question of when an “issue based” costs order should be made. “In my view, this apparent dichotomy may be resolved by a proper understanding of the phrase “suitably exceptional”. It is intended to indicate that if the […]

RECOVERING LITIGATION FUNDING COSTS: A HIGH COURT CASE -BUT ABOUT ARBITRATION PROCEEDINGS

I am grateful to Professor Dominic Regan and Nicholas Bacon QC for sending me a copy of the decision in Essar Oilfields -v- Norscot [2016] EWHC 2361 (Comm).A decision of His Honour Judge Waksman QC sitting as a Judge of the High Court. (Judgment available here essar-oilfields-v-norscot-15-09-16jud-1-2) KEY POINTS The phrase “other costs of the parties” […]

COSTS BUDGETING AND LITIGANTS IN PERSON: BUDGETING THE COSTS OF ASSISTANCE AND COUNSEL

The decision today of Chief Master Marsh in Campbell -v- Campbell [2016] EWHC 2237 (Ch) deals with some important issues in relation to costs budgeting, the costs of litigants in person, instructing counsel and the nature of costs budgeting generally. “… the majority of cases in which litigants in person appear will not require the litigant […]

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

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 family proceedings. It is remarkable that such a significant sum of money has been spent […]

COSTS BUDGETING IS APPROPRIATE AND NECESSARY IN A HIGH VALUE CASE : BUT IT WAS NOT APPROPRIATE TO ORDER A SPLIT TRIAL

In Signia Wealth Limited -v- Marlborough Trust Company Limited [2016] EWHC 2141 (Ch) Chief Master Marsh considered two issues relating to case management: whether costs budgeting should apply and whether a split trial was appropriate. KEY POINTS Costs budgeting A high value action stayed within the costs budgeting regime because the claim form limited the […]

APPLICATION TO DISCLOSE THIRD PARTY FUNDER REFUSED

The opening passages of the judgment of H.H. Judge Keyser Q.C. in Dawnus Sierra Leone Limited -v- Timis Mining Corporation Limited [2016] EWHC B19 (TCC) deal with the issue of disclosure of details of third party funding. KEY POINTS A claimant defending a counterclaim can make an application for disclosure of the defendant’s third party […]

BILLING YOUR OWN CLIENT: FIVE IMPORTANT LESSONS FROM THE HIGH COURT

There are number of important lessons to be drawn from the judgment yesterday of Master Gordon-Saker in Rahimian -v- Allan Janes LLP [2016] EWHC B18 (Costs). THE CASE The claimant sought an order that the defendant firm of solicitors deliver up a final statute bill in relation to work done in litigation. An estimate of […]

ATTRITIONAL WARFARE; UNMERITORIOUS POINTS AND UNFOUNDED ALLEGATIONS OF BAD FAITH: SO MUCH (AND MORE) IN ONE JUDGMENT

The judgment today of Mr Justice Edis in  Hayden -v- Maidstone & Tunbridge Wells NHS Trust makes for uncomfortable reading on the issue of the general attitude of the lawyers towards the conduct of the litigation.   In addition to criticism of the parties conduct it  deals with important issues in relation to (i) filing […]

FAILING TO FILE A COST BUDGET AND REFUSAL TO GRANT RELIEF FROM SANCTIONS: A HARSH LESSON

If a litigation solicitor is ever given the job of designing wallpaper here are the three key things that should form the recurring motif. The costs budget is due 21 days before the first case management conference. Where the claim is under £50,000 the costs budget has to be filed with the directions questionnaires. If […]