Tag Archives: Proportional costs

CAR HIRE CHARGES SHOULD STAY IN PROTOCOL: COURT OF APPEAL DECISION TODAY

In Phillips -v- Willis [2016] EWCA Civ 401 the Court of Appeal gave some clear guidance as to the appropriate approach of the courts when the issues relating to damages are “whittled down” by agreement. The normal procedure is for the action to stay within the Part 8 proceedings. The lower court’s decision to transfer […]

A CLEVER PLOY: HIRE EXPENSIVE LAWYERS AND THEN ARGUE COSTS ARE DISPROPORTIONAL

The decision of Mr Justice Foskett  in Vilca -v- Xtrata Limited [2016] EWHC 389 (QB) is interesting for a number of reasons, in particular relating to disclosure and case management. Here I want to look at the judge’s consideration of arguments relating to proportionality in particular.  The judge’s observations on the role of the parties in […]

PROPORTIONALITY, COSTS AND PAYMENTS ON ACCOUNT: A HIGH COURT DECISION

In Rallinson -v- North West London Hospitals NHS Trust [2015] EWHC 3255 (QB) Mr Justice Garnham considered issues relating to proportionality when assessing costs to be paid on account. “In my view, there is an argument of real substance here that the total costs claimed is not proportionate to the complexity of the case, to […]

WHAT IS MEANT BY “PROPORTIONALITY”? CONSIDERATION BY THE SENIOR COURTS COSTS OFFICE

In Hobbs -v- Guy’s and St Thomas’ NHS Foundation Trust [2015] EWHC B20 (Costs) Master O’Hare considered the question of proportionality in the context of a low value clinical negligence case. “In my judgment, although it was reasonable for the Claimant’s solicitors to incur these costs it is unfair to expect the Defendant to pay […]

PROPORTIONALITY, ASSESSMENT AND THE COSTS OF BUDGETING: SENIOR COURTS COSTS OFFICE DECISION TODAY

In BP -v- Cardiff & Vale University Local Health Board [2015] EWHC B13 (Costs) Master Gordon-Saker considered several issues relating to proportionality; the format of bills and the costs of costs budgeting. “Having conducted an assessment of the reasonableness of the individual items, standing back, profit costs, counsel’s fees, experts’ fees and other disbursements of […]

MORE ON SUMMARY ASSESSMENT OF COSTS & PROPORTIONALITY: NOT GOING FOR A SONG

The issue of proportionate costs was considered  by Judge Behrens in Taylor -v- Bell & Haworth (16th February 2015). It provides a useful example of judicial comments in relation to disproportional costs. THE CASE The applicant was seeking a variation of a consent order made under the Provision for Family and Dependants Act 1975.  He required […]

COSTS REDUCED FROM £201,000 TO £96,465 ON SUMMARY ASSESSMENT: A WORKING EXAMPLE OF PROPORTIONALITY IN PRACTICE

It is always useful to look at the way in which courts are carrying out summary assessments.  Another interesting example of the pragmatic approach adopted can be found in the judgment of Mr Justice Akenhead in Savoye -v- Spicers Ltd [2015] EWHC 33 (TCC). Costs of £201,790.66 were reduced, on summary assessment, to £96,465.00. It […]