In the case of Manna -v- Central Manchester Hospitals NHS Trust [2017] EWCA Civ 12 (view here) the Court of Appeal upheld the trial judge’s award of indemnity costs and refused to entertain a discussion as to whether the parties to the litigation had negotiated in a reasonable manner or not. Mrs Justice Cox said…
Read more…Master Brown followed Master Rowley when he found that the new test of proportionality did not apply to additional liabilities. In Murrells v Cambridge University NHS Foundation Trust (SCCO 17/01/2017) Master Brown declined to follow the decision of Master Gordon-Saker in BNM v MGN [2016] EWHC B13, agreeing with the later decision of Master…
Read more…The relationship between the (new) CPR 44.3(5) proportionality test and additional liabilities remains uncertain. In King v Basildon & Thurrock University Hospitals NHS Foundation Trust Master Rowley stated that the rules were written with the expectation there would be no recoverable additional liabilities. Consequently, the proportionality test should only apply to base costs as…
Read more…A change of counsel is not a ‘significant reason’ to warrant a revision to a costs budget. The Judge in Greig v Lauchlan Ch D 07/12/2016 considered the defendant’s application to increase a budget (approved in October 2015) at the PTR, shortly before the imminent 10-day trial, because of a change in Counsel. …
Read more…The judgment of Holyoake & Anor v Candy & Ors [2016] EWHC 3065 (Ch) (29 November 2016) is worth a read as it discusses the law relating to abuse of process and second applications in detail. Case The Defendant made an application for security of costs. The Claimant served timely evidence before the application…
Read more…The Court of Appeal in Qader & Others v Esure Services Ltd [2016] EWCA Civ 1109 decided that fixed costs no longer apply to RTA portal claims subsequently allocated to the multi-track. The decision is considered by all to be a good decision, but the method of arriving at it was more interesting. The Court…
Read more…In the case of Cathal Anthony Lyons v Fox Williams LLP [2016] EWHC 2427 QB the High Court did not agree to the Claimant’s retainer being extended beyond the duties set out in the engagement letter in the absence of clear and unambiguous evidence to the contrary. Circumstances Professional negligence case Claimant suffered injuries…
Read more…Master Leonard sitting in the SCCO in the case of Mohammed Azim v Tradewise Insurance Services Ltd [2016] EWHC B20 (Costs) Bailli addressed the Defendant’s issue with the validity of the assignment of a CFA. Facts: TLW solicitors acted for the Claimant. In a letter to RW solicitors, TLW attached a schedule listing the…
Read more…Regional Costs Judge, District Judge Lumb in the case of Merrix v Heart of England NHS Foundation Trust [2016] EWHC B28 (QB) (13 October 2016) considered to what extent, if at all, does the costs budgeting regime fetter the costs judge’s powers and discretion at detailed assessment. The judgment concerned this preliminary issue that arose…
Read more…Costs Lawyer Andy Ellis, Managing Director of costs firm Practico, acting for MGN in the appeal of BNM v MGN that will consider how deeply reasonable costs and additional liabilities can be cut by reference to proportionality, reports the case has been leapfrogged to the Court of Appeal; and if expedition means expedition then a…
Read more…