Category Assessment of Costs

HOURLY RATES, SUCCESS FEES, RELIEF FROM SANCTIONS – ALL IN ONE CASE

There is a great deal of material covered in the judgment of Master Gordon-Saker in Various Claimants -v- MGN Limited [2016] EWHC B29 (Costs). THE CASE The court was determining various preliminary issues in relation to costs in the “phone hacking” litigation. HOURLY RATES The Master found that a higher hourly rate was justified because […]

ANOTHER EXAMPLE OF THE DIFFICULTY IN REVISING A BUDGET: AN ACUTE CHANGE OF CASE IS REQUIRED

I am grateful to Michael Davidson from Acumension who has sent me a copy of the judgment of District Judge Hovington in the case of Warner -v- The Pennine Acute Hospital NHS Trust  (Manchester County Court 23rd September 2016) (available here warner-v-pennine-acute-hospital-nhs-trust-23-sep-16-approved-judgment). It is a case that illustrates the difficulties in attempting to revise a budget. “‘Significant […]

THE PARTIES CANNOT CONTRACT OUT OF COSTS BUDGETING (& A LITTLE BIT ABOUT WITHOUT PREJUDICE CORRESPONDENCE)

An earlier post dealt with the decision of Mr Justice Roth in Agents’ Mutual Limited -v- Gascoigne Halman [2016] CAT 21.  However an earlier ruling in the same case contains a consideration of whether the parties can agree to sidestep budgeting. THE CASE The action had been transferred from the Chancery Division to the Competition Appeal […]

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 […]