Category Costs

PROPORTIONALITY DOES NOT AFFECT A PROPORTIONATE COSTS ORDER: HIGH COURT DECISION

There are many aspects of the judgment in Amey LG Limited -v- Cumbria County Council [2016] EWHC 2496 (TCC) that are of interest to readers of this blog.  Here I want to explore the judgment in relation to proportionality. “The trial judge should limit his task to addressing whether relevant circumstances such as conduct, success […]

THIRD PARTY FUNDING: YOU WANT THE PROFITS YOU TAKE THE RISKS: EXCALIBUR IN THE COURT OF APPEAL

In Excalibur Ventures LLC -v- Texas Keystone LLC [2016] EWCA Civ 1144 the Court of Appeal confirmed that commercial funders are liable to indemnify on the indemnity costs basis. “I can see no principled basis upon which the funder can dissociate himself from the conduct of those whom he has enabled to conduct the litigation […]

THE DANGER OF NOT REPLYING TO CORRESPONDENCE: COSTS AWARDED AGAINST DEFENDANTS (& THE NEED FOR CO-OPERATION WHEN INSTRUCTING EXPERTS)

The judgement of Chief Master Marsh in UPL Europe Limited -v- Agchemaccess Chemicals Limted [2016] EWHC 2898 (Ch) provides an object lesson in the dangers of failing to reply to correspondence. The judgment also contains important observations about need for the parties to co-operate on the nature and scope of expert evidence. “In my judgment […]

QADER 2: REMAINING PROBLEMS AND ISSUES: THE CONTINUING DEBATE

The post yesterday on the Qader decision has led to a large number of comments.  These are easy to overlook.  I have placed the comments here since these outline the issues that remain unresolved. I have added some sub-headings, but this is a reflection of the comment section on the blog. WHAT IF THE CASE […]

QADER IN THE COURT OF APPEAL: FIXED COSTS NO LONGER APPLY TO ACTIONS ALLOCATED TO THE MULTI TRACK

Perhaps the most surprising thing about the decision of the Court of Appeal in Qadar -v- Esure [2016] EWCA Civ 1109 is the route that had to be taken to get to the result.  The Court of Appeal added, to the rules, words that (it held) the Rules Committee had left out. (Also available on […]

TALES FROM COSTS LAW CONFERENCE IV: PROPORTIONALITY – A LITIGATOR’S SURVIVAL GUIDE V

The issue of proportionality raised its head more than once at the recent ACL conference.  However I addressed the issue directly (or perhaps obliquely). My central argument being that proportionality requires a fundamentally different approach to litigation. Further there is virtually no guidance being given to litigators. WHAT DOES PROPORTIONALITY MEAN? District Judge Besford had […]

TALES FROM COSTS LAW CONFERENCE III: SATELLITE NAVIGATION, MERRIX AND COSTS BUDGETING

One issue discussed at the Association of Costs Lawyers in Manchester on the 24th October  was the decision in Merrix -v- Heart of England NHS Foundation Trust [2016] EWHC B28 (QB). The question of whether a detailed assessment is needed after a case has been costs budgeted. NOW ON APPEAL At the conference it was […]