Costs
Keep informed and up to date with breaking news and key updates in the world of costs.
Part 36 consequences for beating offer by small margin in costs assessment
In JLE v Warrington & Halton Hospitals NHS Foundation Trust, on appeal, the court has determined that a Master in the Senior Courts Costs Office was wrong to not allow a claimant the 10%…
Read more
Costs: Court of Appeal guidance on "new" proportionality test & recovery of ATE premiums
Practitioners have been waiting for Court of Appeal guidance on the "new" test of proportionality in the assessment of costs since it was introduced in April 2013 under LASPO. There was much…
Read more
100% success fees, ATE premiums & informed consent: Court of Appeal hands down highly anticipated judgment in Herbert v HH Law (2019)
The Court of Appeal has today handed down judgment in Herbert v HH Law Ltd (2019) providing important guidance in relation to success fees and ATE premiums payable by claimant's post LASPO. William…
Read more
Claimant limited to portal costs following unreasonable exit from portal
DWF has successfully restricted a claimant to fixed portal costs following a premature decision to remove the claim from the MoJ portal. Sukhjit Dhadwal, who represented the defendant Local Authority…
Read more
Costs: Claimant bound by settlement terms reached at stage 2 of the MoJ portal
Richard Welsh, Senior Associate in DWF's Leeds office acted for Ageas Insurance Limited in relation to a matter proceeding under the MOJ portal for low value personal injury claims, in which Ageas…
Read more
QOCS: further judgment says no protection for defendant as to costs of a counterclaim
David Brown and Steven Dawson consider the decision in Waring v McDonnell (2018) as another county court decision on the effect of QOCS on counterclaims following swiftly on the heels of the earlier…
Read more
QOCS: refusal of permission to appeal suggests parties counterclaiming for personal injuries may be able to escape costs liabilities
Steven Dawson and David Brown look at the recent QOCS case of Ketchion v McEwan (2018) and the implications for defendants.
Read more
Useful appeal judgment on proportionality provides clear and practical guidance pending input from the Court of Appeal
As to how to operate the test of proportionality it was appropriate at detailed assessment having initially assessed a party's bill for the judge to step back in order to go through the relevant…
Read more
Costs budgeting: partial budgets and sanctions
William MacKenzie looks at the recent costs budgeting decision in Page v RGC Restaurants Ltd (2018) and highlights the importance of filing a full budget to avoid sanctions.
Read more
What is "a claim" for the purpose of Part 36? Court of Appeal rejects liberal interpretation
David Brown takes a look at the recent decision in Hertel v Saunders (2018) in which the Court of Appeal was asked to consider, once again, the scope of CPR Part 36, in particular the meaning of "the…
Read more