Litigation

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Pre-Inquest Review Costs

Clinical Negligence cases are common place among our workload in the Litigation Team, and we often see costs on a file, and therefore claimed in a Bill, associated with a Pre-Inquest Review and then the Inquest. There has been recent judgment in relation to the former, and it is important to consider the outcome. In… Continue reading

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You CAN recover Interpreter Fees in Fixed Costs case

This judgment stems from the case of Santiago -v- Motor Insurer Bureau [2023] EWCA Civ 838. The Claimant retained the services of an interpreter for Trial (which settled on the morning of the hearing). The DJJ in the initial instance felt constrained by the Court of Appeal decision in Cham (A Child) v Aldred [2019] EWCA… Continue reading

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Is a Deputy personally liable for outstanding WIP?

In the matter of Brassington -v- Knights Professional Services (t/a Knights)[2023] EWHC 1568 (Ch), the Court had to consider whether the wording within the retainer meant that the Claimant, acting as Deputy, was personally liable for outstanding WIP. The Claimant was a Partner within the Defendant’s firm and was employed as a Private Client Solicitor.… Continue reading

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Indemnity Costs Order against the Defendant following failed settlement agreement.

In the main action of Denny v Babaee & Ors [2023] EWHC 1490 (TCC), the Claimant purchased a new build property which had been sold by the First Defendant. The Claimant contended that there were significant defects in the property causing dampness and making the property inhabitable. The Claimant’s claim was for Breach of Contract… Continue reading

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Provision of Medical Agency Fees?

Arguments surrounding the provision of medical agency fees (or more accurately, the proportion of an expert fee which relates to the agency) have lingered for a considerable period of time however, it has mostly been quiet for the last couple of years. However, just like buses, you wait ages for one and then two come… Continue reading

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Hourly Rates on Detailed Assessment

Hourly rate based questions are common in our area of work. Questions such as what is a reasonable hourly rate? How does the Court reach that conclusion? Should I be limited to Guideline Hourly Rates? The recent case of Various Claimants v News Group Newspapers Limited [2023] EWHC 827 (SCCO) shed some light in this… Continue reading

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Significant increase in Disclosure…… just not significant enough to justify a Costs Budget variation.

The case of Simpsons (Preston) Ltd & Anor v MS Amlin Underwriting Ltd [2023] EWHC 1370 (Comm) is one that arises as a result of Covid restrictions. This was an action brought by the Claimants against the Defendants, both car dealers, relating to the payment of insurance after business interruptions caused by Covid restrictions that… Continue reading

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June 2023

In the middle of June, we had our quarterly “Everyone in the Office” day here at Paramount, and it was fantastic to see everyone again. The team here has grown over the past 18 months, and we continue to build the department with quality staff, to supplement the knowledge and experience of those who have… Continue reading

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WIGAN BOROUGH COUNCIL V SCULLINDALE GLOBAL LTD & ORS [2021] EWHC 3852 (CH)

This case revisits a couple of interesting yet re-occurring points, both concerning the Claimant’s costs. The first being whether the Claimant could attempt to amend a previously approved costs budget retrospectively with the second point relating to whether the Claimant could recover 100% of it’s costs after the Defendant failed to accept a without prejudice… Continue reading

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SCIL 2023

We have been supporting The Society of Clinical Injury Lawyers (SCIL) Exhibition Day since its inception in 2015. The day brings together member of SCIL with fellow professionals and includes talks by leading individuals on wide range of topics that are affecting Clinical Negligence practitioners. This year we had both Helen Spalding and Charlene… Continue reading

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Isah, R (On the application of) v Secretary of State for the Home Department [2023] EWCA Civ 268

This is another recent decision that makes for very interesting reading from a costs perspective. Arising from an appeal on whether or not a judge is permitted to order costs to be summarily assessed in a different court by a different judge or whether a Summary Assessment must be undertaken by the judge making the… Continue reading

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Are Guideline rates really a valid starting point? Defendant’s appeal, failure and dismissal.

In Harlow District Council v Powerrapid Ltd (Rev1) [2023], the Defendant was ordered to pay costs following the dismissal of an Application for a compulsory order. The background of the main action was that the Claimant was the proprietor of a piece of land in Harlow. Harlow Council (Defendant) made a Compulsory Purchase Order in… Continue reading

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Is Covid and the late acceptance of a Part 36 offer a good reason to depart from Fixed Costs?

Today we look at the case of Osuzuwa v Madiera whereby District Judge Moan, sitting at Coventry County Court considered the Claimant’s entitlement to costs. The proceedings relate to a claim for personal injury which concluded on 13 January 2021 when the Defendant accepted the Claimant’s Part 36 offer (made on 13 December 2019). It… Continue reading

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Fixed Costs and Medical Agency fees – Again

Ms Clair Wilkinson-Mulvanny v UK Insurance Ltd [19th January 2023] (County Court Decision). Despite its age, Fixed Recoverable Costs still seems to be a platform for dispute. In this particular matter, though it was undisputed that Fixed Costs applied, a dispute regarding the recoverability of a medical agency’s fee (contained within a medical report fee)… Continue reading

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The Damages Claim Portal

I have recently received a number of queries regarding the Damages Claim Portal (DCP) and the impact on costs management. This is an online portal used by legal representatives to file and serve key documents, and Practice Directions 51ZB gives us some information about this. I am going to focus on the impact on costs… Continue reading

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Redraw your Bill of Costs, I say!

Today, we look at the case of Brierly -v- Otuo & Ors [2023] EWHC 275 (SCCO). In this matter, the Defendant (paying party) argued that the Claimant’s Bill of Costs did not comply with the relevant practice directions and it therefore should be redrawn. The background to the claim is that following settlement, the Claimant… Continue reading

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Agreed budgets are not immune from the Court’s comments in respect of reasonableness and proportionality

The matter of Lemos & Ors v Church Bay Trust Company Ltd & Ors [2023] EWHC 157 (Ch) concerned an Insolvency Act claim which came before the Court for a costs management hearing in October 2022. The Claimants had budgeted £1.927million and the Defendants £1.2million. I.C.C. Judge Jones had been anticipating budgets in the region… Continue reading

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Late Acceptance of Part 36 Offer & QOCS protection – what is the current position?

In December 2022, the Court of Appeal handed down judgment in University Hospitals of Derby & Burton NHS Foundation Trust v Harrison [2022] EWCA Civ 1660. As there is a chance the judgment may have got lost amongst the flurry of December emails, we thought now would be an appropriate time to highlight the importance… Continue reading

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Deutsche Bank AG v Sebastian Holdings Inc 2023 EWHC 9 (SCCO)

This recent judgement makes for fairly eye watering reading where the Claimant’s Bill of Costs was reduced by significant sums after a prolonged 97-day Assessment. The decision arose from Commercial Court proceedings where the Claimant had obtained Judgement for the sum of $243m with an order for the Defendant to pay 85% of the Claimant’s… Continue reading

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A look ahead to 2023 in the world of costs A Costsmas Carol

Marley was dead: to begin with. There is no doubt whatever, about that. The register of his burial was signed by the clergyman, the clerk, the undertaker, and the chief mourner. Scrooge signed it; and Scrooge's name was good upon 'change, for anything he chose to put his hand to. Just as Scoorge put his… Continue reading

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2022 REVIEW

In July of this year, I wrote about how fast the time was passing, and here I now find myself writing a quick review of the year, with Christmas just around the corner and a November/December World Cup taking place (it will have finished by the time you read this). The second six months of… Continue reading

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Feliz Navidad – Belsner -v- Cam

We had a slightly early Christmas miracle this year, the conclusion of Belsner -v- Cam. We will take a little bit of a whistle stop tour of the matter from start to finish. Background The background to the case is that Ms Belsner (B) was injured in an RTA and instructed Solicitors (CAM) to act… Continue reading

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A reminder that QOCS does not prevent the making of costs orders against Claimants

Qualified one-way costs shifting (QOCS) was introduced in 2013 as a measure to counterbalance the end of the recovery of success fees and ATE premiums in personal injury claims. Put simply, it protects personal injury Claimants from the risk of paying the Defendant’s costs in the event that a claim is unsuccessful. There are, of… Continue reading

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Detailed assessment costs are not limited to £1,500…on this occasion

In the case of UK Sovereign Investments Ltd -v- Hussain [2022] EWHC 2390 (SCCO) the Court considered the appropriate basis for payment of detailed assessment costs when there is an allegation of inflated costs. The initial claim concerned the return of a deposit together with damages. The claim ultimately settled in the Claimant’s favour in… Continue reading

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Dance v East Kent University Hospitals NHS Foundation Trust & Ors [2022] EWHC 2198 (SCCO)

The decision in Dance v East Kent University Hospitals NHS Foundation Trust concerns the recovery of the Claimant’s ATE insurance premium from the Defendant. The claim for costs arose from a clinical negligence matter which settled by way of Part 36 acceptance. Since April 2013, the general rule has been that ATE premiums are not… Continue reading

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EVX v Smith [2022] EWHC 1607 (SCCO) – An important case with the new world of FRCs on the horizon

With the extension of Fixed Recoverable Costs on the horizon it is highly likely that law firms will need to consider seeking the shortfall from their client due to the limited amount of costs that they are able to recover from the paying party. As such, the decision in EVX v Smith could not have… Continue reading

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Hourly Rates – it’s the Litigation not the Litigator!

In the matter of Brake & Others -v- Guy & Others -v- James Hay Pension Trust (Third Party) [2022] EWHC 1911 (Ch) we again have had another case which considers the appropriate hourly rate to apply to the case. The Background to the case is that HHJ Matthews (sitting as a High Court Judge) was… Continue reading

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When winning is also losing

In Mathieu v Hinds & Anor (No. 2: Costs) [2022] EWHC 1624 (QB) the Claimant briefly basked in the warmth of a win at Trial but, like the British weather, the forecast changed and their day was dampened when their win turned into a significant loss on costs - before they even reached Bill drafting stage or… Continue reading

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LEARNING TO DELEGATE – A SHORT STORY

This is a matter in which the Court summarily assessed the costs following the striking out of an application for an injunction. Following the same, the Respondent sought an order that the Applicant company and Mr Steventon-Smith jointly and severally pay the Respondent's costs. The basis for this form of order was said to be… Continue reading

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The importance of correctly wording retainers

The case of Blacklion Law LLP v Amira Nature Foods Limited & Anor [2022] EWHC 1500 (Ch) demonstrates the dangers of any ambiguity in the retainer and serves as a warning to ensure the wording of your retainer is clear and concise. By way of background, Blacklion Law LLP brought an action against a former… Continue reading

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