Tag Archives: Proportionality

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 […]

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 […]

PROPORTIONALITY AND COSTS: A JUDGMENT ON APPEAL

In the judgment today in Tui UK Ltd -v- Tickell & Others [2016] EWHC 2741 (QB) Mrs Justice Elisabeth Laing DBE (sitting with Master Leonard as an assessor) dismissed an appeal by the defendants on an argument that the costs allowed were disproportionate. “These authorities do not support the Defendant’s proposition that one can identify […]

REASONABLENESS AND PROPORTIONALITY: A DIRECT IMPACT UPON LITIGATION DECISIONS

I have been writing for some time about the impact of “proportionality” upon the practice of litigation itself.  One example of this can be found in the judgment of Master James in  Briggs & 598 others -v-  First Choice Holidays and Flights Limited (23/09/16). THE CASE The claimants brought an action following a holiday. 447 […]

PROPORTIONATE COSTS IN A FAMILY CASE: £33,813 REDUCED TO £3,737.50

In K -v- K [2016] EWHC 2002 (Fam) Mr Justice Macdonald reduced the costs of a successful party to an appeal in a family case. “The stringent test of proportionality in relation to costs incurred applies with equal force in family proceedings. It is remarkable that such a significant sum of money has been spent […]

COSTS BUDGETING & DAVID -v- GOLIATH: DOES IT GIVE THE “LITTLE GUY” A CHANCE?

Costs budgeting remains highly controversial.  One question that is open to debate is – is it useful?  Its utility may be most apparent in cases where the sizes and resources of the litigants are vastly disparate. (Many personal injury lawyers would argue that this is virtually every personal injury case where the defendant is insured, […]

PROPORTIONALITY II (THE EXTENDED ALBUM EDITION)

The earlier post on the decision in Dr Brian May -v- Wavell Group Plc [2016] EWHC B16 (Costs) outlined the decision in summary.  This is a case that justifies an extended examination. REPRISE Following acceptance of the defendant’s Part 36 offer of £25,000 the claimants produced a bill totalling £208,236.54. After a line by line assessment that was […]