In Lifestyle Equities CV & Anor v Royal County of Berkshire Polo Club & Ors [2023] EWHC 2923 (CH) Mr Justice Mellor considered three issues relevant to costs whether a deduction should be made to the successful parties’ costs; the making of an interim payment, and whether a consequentials hearing should be included in the costs budget, or assessed separately.
In Ivanishvili v Signature Litigation LLP [2023] EWHC 2189 (SCCO) Costs, Master Leonard found that the bills raised to the client were interim, not statutory bills and so all could be open to assessment.
Section 70 of The Solicitors Act is clear about the timescales in which a statute invoice can be disputed by a client. Once one year has passed from the delivery of the bill the court will only make an order for assessment if there are special circumstances....
The Professional Deputies Forum (PDF) has funded an oral hearing in the SCCO, which dealt with the time spent delegating in Court of Protection bills of costs. The hearing related to a Lanyon Bowdler bill of costs where time spent delegating to junior fee...
Belsner & Karatysz – a warning for both solicitors and checkmylegalfees.com on low cost portal cases The Court of Appeal decision in Belsner v Cam Legal Services [2022] EWCA Civ 1387 , would certainly be classed as a ‘win’ for the...
Part 36: A Defendant may invoke the provisions of Part 36 as a Claimant if the offer is clear and there is a genuine counterclaim The Huntsworth Wine Company Limited v London City Bond Limited [2022] EWHC 97 (Comm) Background The Huntsworth...
The decision in European Real Estate Debt Fund (Cayman) Ltd v Treon & Ors [2021] EWHC 2866 (Ch) is a stark reminder to successful parties that winning does not necessarily mean an award of costs; especially where there are substantial conduct issues. ...
In Crompton v Meadowcroft (Costs) – 2021 DDJ Ayers was asked to decide whether fixed costs would apply in a matter which had exited the portal but settled before it was allocated to the multi-track. This was an RTA claim which was submitted to the...
Claimants unable to recover the costs of the counterclaim where they did not file a revised budget. In Bhat & Anor v Patel & Anor [2021] EWHC 2960 (Ch) (see judgment here ), Mrs Justice Fancourt found that where the claimants had not filed a...
Fundamental Dishonesty; Inconsistencies and Lack of Disclosure by the Claimant’s Solicitor is not Sufficient to Conclude that a Claimant is Fundamentally Dishonest
In the matter of Morrow v Shrewsbury RUFC, Mrs Justice Farbey considered whether it would be just for a Claimant who had exaggerated their claim to recover costs after succeeding at trial, and if not, what would be a reasonable and just deduction to those costs.
Solicitor and own client assessments have been on the rise for some time now. The question of whether informed consent has been provided by the client for the solicitor to charge fees over and above that which had been allowed on an inter-partes basis has recently been considered.
Recovery of Only a Fraction of the Pleaded Damages is Not Sufficient to Depart from this Principle
In PLK & Ors (full judgment here ) Master Whalan has provided guidance as to the appropriate hourly rates to be claimed in Court of Protection matters. The starting point will now be a rate equating to c. 120% of the 2010 guideline rates. Whilst the...
This article was prepared by David Law of Annecto Legal.
Senior costs lawyer and member of LexisPSL's Case Analysis Expert Panel, Lucy Baldwin, analyses a recent case involving a dispute between the claimant and North Middlesex Hospital Trust. For the full article, click here . ...
Paragon Costs are proud to be members of the Lexis®PSL expert panel. Click on the cases below to be taken to our recent case law analyses and practice notes: The starting point for an order for security for costs where there is...
The recent decision of Nash v Ministry of Defence [2018] EWHC B4 (Costs) addresses the question of whether a reduction to hourly rates for incurred costs at detailed assessment constitutes good reason for budgeted costs to be reduced. This is the second...
It has been in the pipeline for years but many practitioners have been firmly of the opinion that the new bill of costs would never become a reality. However the 92 nd update to the CPR will have shattered the illusions of anyone still holding on to that...
In the recent case of Andrew Rezek-Clarke v Moorfields Eye Hospital NHS Foundation Trust [2017] EWHC B5 Master Simons considered proportionality in respect of both the total costs claimed and also the ATE premium itself. He put particular emphasis...
In the matters of Group Seven Limited -v- Nasir and ors & Equity Trading Systems Limited -v- Notable Services LLP and ors [2016] EWHC 629 (Ch ) Morgan J has provided some helpful and detailed comments as regards proportionality and other...
