Tag Archives: costs

COSTS, INDEMNITY COSTS AND THE EXPENSIVE CONSEQUENCES OF A SIEGE BASED MENTALITY

It is surprising how often cases that have been looked at because of issues in relation to the evidence at trial are reported again on the issue of costs.  The Ocensa Pipeline Group Litigation case is such an action.  I have looked at it earlier* in relation to the evidential issues.  There is now a […]

COSTS AND CONDUCT: A PERCENTAGE REDUCTION FOR A SUCCESSFUL CLAIMANT

In Harlequin Property (SVG) Limited -v- Wilkins Kennedy [2016] EWHC 3233 (TCC) Mr Justice Coulson reduced the claimant’s costs by 40% to reflect the lack of success on many of the key issues in the case. On the three main issues, the claimant was successful on part of one of them, and comprehensively lost the […]

COSTS AT THE END OF A CASE: INDEMNITY COSTS, PAYMENTS ON ACCOUNT AND GOING BEYOND THE COSTS BUDGET

In Barkhuysen -v- Hamilton [2016] EWHC 3371 (QB) Mr Justice Warby considered matters relating to costs after a trial. The defendant’s conduct led to an order for indemnity costs being made. The judge also identified those areas in which the claimant could, properly, claim for items outside the costs budget. “If the defendant had dealt with […]

COURT FEES AND STEALTH TAXES: REPAYMENT OF TRIAL FEES TO END NEXT YEAR

Thanks to Kerry Underwood for pointing out the provisions of The Civil Proceedings Fees (Amendment) Order 2016 which comes into force on the 6th March 2017. There is a hidden “tax” in that the repayment of court fees has ended. THE NEW RULES The rules amend Schedule 1(3) of the Civil Proceedings Fee Order – […]

PART 36 CONSEQUENCES AND A FIXED COSTS REGIME: WHAT HAPPENS WHEN THEY MEET?

In the judgment today in Phonographic Performance Ltd -v- Raymond Hagan [2016] EWHC 3076 (IPEC) Judge Hacon considered the interaction between a fixed costs regime and Part 36. KEY POINTS The fixed cost rules in the Intellectual Property Enterprise Court (IPEC) can be displaced by a Part 36 offer. If a defendant fails to beat […]

JUDGE USES COSTS BUDGET TO ASSESS COSTS AT THE END OF A TRIAL: THE RELEVANCE OF THE BUDGET & WHEN SHOULD THE COURT GO OUTSIDE IT?

In Sony Communications International AB -v- SSH Communications Security Corporation [2016] EWHC 2985 (Pat) Mr Roger Wyand QC (sitting as a Deputy High Court Judge) used the costs budget to carry out an assessment of the costs at the end of case.   The judgment is interesting in that it (i) considers  the role of […]

PROPORTIONATE COST ORDERS WHEN COSTS ARE £8 MILLION AND £10 MILLION APIECE: HIGH COURT DECISION

We have already looked at the decision in Amey LG Limited -v- Cumbria County Council [2016] EWHC 2496 (TCC) in relation to the question of proportionality. However the judgment contains much more of interest in relation to costs. It provides an important example of the court’s approach a proportionate costs order.  The judgment considers conduct; alleged […]