Tag Archives: Issue based costs orders

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 […]

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 […]

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 […]

WHO WON? CLAIMANTS GET 33% OF THEIR COSTS AFTER TRIAL

In the judgment today in Kupeli -v- Cyprus Turkish Airlines [2016] EWHC 1478 (QB) Mrs Justice Whipple considered issues relating to costs liability after the trial of a preliminary issue. “….there is a world of difference between a case which comes to trial after reasonable efforts at settlement have been made but settlement has proved […]

PERCENTAGE COSTS ORDERS AFTER A TRIAL: ISSUE BY ISSUE DEDUCTIONS

The judgment of Mr Justice Arnold in Novartis AG -v- Focus Pharmaceuticals Limited [2015] EWHC 1553 (Pat) is another example of an approach to percentage costs orders and interim orders for costs after a trial.  The judge ordered that the successful defendants receive 75% of their  costs. What is interesting is the manner in which […]

JUDGE SHOULD NOT HAVE MADE COSTS ORDER WHICH WIPED OUT CLAIMANT’S DAMAGES: COURT OF APPEAL DECISION TODAY

In Begum -v- Birmingham City Council [2015] EWCA Civ 386 the Court of Appeal allowed an appeal by a claimant where the decision on costs at first instance effectively deprived her of damages. THE CASE The issue is succinctly summarised by Jackson LJ in the second paragraph. Part 1. Introduction This is an appeal by […]