Litigation

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Interest calculations – A stark warning to make prompt payment

The case of Blacklion Law LLP v Amira Nature Foods Limited & Anor provides a stark reminder to paying parties to make payments on account of costs to keep interest to a minimum. The claim centres around a breach of contract dispute in respect of two contracts of retainer entered into by the parties. Each… Continue reading

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Time flies when you’re having fun

And just like that, the first six months of 2022 have passed. It seems like only yesterday that we were returning after the Christmas break with the odd new year’s resolution and trying to stay off the chocolate and/or alcohol during January. Now here we are in July, hoping that the British summer hasn’t passed… Continue reading

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Refusal to allow amendments to Points of Dispute

This matter involved revolved around the case Celtic Bioenergy Ltd -v- Knowles Ltd [2022] EWHC 1223 (QB). Detailed Assessment On 17 July 2019, the receiving party service a Notice of Commencement and a Bill of Costs in the sum of £168,837 (including VAT) – the narrative of the Bill of Costs referred to a CFA.… Continue reading

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Is “the Devil in the details” or is it just about good drafting?

AKC v Barking, Havering & Redbridge University Hospitals NHS Trust [2022] 1 WLR 946 When it comes to commencing assessment and serving a detailed Bill of Costs, this case is one of the most important decisions to have been made in the last 12 months. Whilst there have been many blogs and case summaries published… Continue reading

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The indemnity principle – a crushing blow for the successful Defendant

The case of Liverpool Victoria Insurance Co Ltd v Khan & Ors [2022] EWHC B8 (Costs) relates to a matter whereby a Solicitor and Doctor had been found in contempt of court. The Fourth Defendant was found not guilty and obtained a costs order against the Claimant’s insurer. Following preparation of a Bill of Costs,… Continue reading

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Replacing Detailed Assessment with Summarily Assessed Costs?

This case law blog looks at the case of Pipia -v- Bgeo Group Ltd [2022] EWHC 846 (Comm) whereby Mr Justice Henshaw replaced a Detailed Assessment Order with Summary Assessment. The background of the claim is that the Defendant was successful in defending a claim made by the Claimant (the claim was struck out as… Continue reading

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Quarterly Round Up

We thought it would be a good time to quickly reflect on the first three months of 2022, here at Paramount and also in the world of legal costs. It was fantastic to welcome Charlene Turner to the team recently, and she has settled in really well and is already building up a case load… Continue reading

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Belsner -v- CAM – Where are we now?

Like most in the costs world we were glued to YouTube (I know, very modern) eagerly anticipating a resolution to a case which has been rumbling on since 2020. Unfortunately, this did not come to fruition. On the first day of the hearing, substantial arguments arose as to the definition of contentious business for the… Continue reading

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The Application of Proportionality – Hodgson v Creation Consumer Finance

This case has provided some interesting judicial comments on the application of proportionality and also hourly rates. The Claim related to alleged misrepresentation of a supplier in selling solar panels to the Claimant and that this related to the performance of the panels specifically. Judgment was handed down in the Claimant’s favour in the sum… Continue reading

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Allowing Counsel fees does not necessarily mean Solicitors fees will be reduced

This is the case of R v Barts Health NHS Trust [2022] whereby Costs Judge Rowley considered the costs position after Justice MacDonald made an Order that the Defendant Trust pay 80% of the Claimant’s costs of judicial review proceedings. By way of background, the case was brought on behalf of the family of schoolgirl… Continue reading

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When does Counsel’s Brief fee become incurred?

This has often been an interesting question, as there are different factors to weigh up. For example, Counsel needs to prepare, and quite probably, turn away work for the trial period. But at what point is the brief fee payable, if the case ultimately settles prior to the trial commencing? In Hankin v Barrington &… Continue reading

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When you’re a Successful Defendant but receive Nothing!

This is the case of European Real Estate Debt Fund (Cayman) Ltd -v- Treon & Ors [2021] EWHC 2866 (Ch) whereby Justice Miles considered the costs position after the Defendant had succeeded at Trial after the Claimant’s claim was statute barred. The facts of the case were that the Claimant brought a claim alleging fraudulent… Continue reading

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Court Fee Remission: Where are we now?

I’m sure that most practitioners will be aware that the issue of Court Fee Remission has been the subject of recent reporting and so I thought it would be a useful idea to provide some clarity on a topic which continues to provide some confusion. No-one can have missed the fact that Court fees have… Continue reading

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Split Trial? Get that wording correct regarding costs!

In our area of work, we often deal with costs arising from a liability agreement, and there was a good reminder recently from Costs Judge Leonard in ABA v University Hospitals Coventry and Warwickshire NHS Trust [2022] EWHC B4 (Costs) that the wording in the Order must be correct. This case related to a split… Continue reading

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The importance of using the correct Court form

In late 2021, Litigators were issued a stark reminder regarding the importance of using the correct Court forms. Now that the Christmas break is over, we thought it would be appropriate to highlight the importance of this case, in the event it has been lost amongst the flurry of December emails. In Changing Climates Ltd… Continue reading

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Success Fees and Protected Parties

There were some interesting developments towards the end of 2021 with regards to success fees being taken from a Client’s damages, where the Client is a child or protected party, and the case was funded by way of a CFA. This was often something we would be asked, as there seemed to be different approaches… Continue reading

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12 Days of Costmas Summary

During December 2021, my Costs Lawyer colleagues, Karl Robson and Kris Kilsby, prepared twelve blogs covering a range of topics from that year. I thought it would be useful to have them all on the same document, and they can be found here on the Paramount website. They are worth a quick read. The topics… Continue reading

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Beware, Court form templates are provided for a reason – Don’t get caught out!

In late 2021, Litigators were issued a stark reminder regarding the importance of using the correct Court forms. Now that the Christmas break is over, we thought it would be appropriate to highlight the importance of this case, in the event it has been lost amongst the flurry of December emails. In Changing Climates Ltd… Continue reading

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Mullaraj v Secretary of State for the Home Department

During costs assessment proceedings, a Part 36 offer is the best method of protection. Further judicial comment has been provided that a paying party should not expect to obtain a different order for costs at the conclusion of a provisional assessment hearing simply by relying on CPR 47.20(3)(b) when the paying party hasn’t beaten any… Continue reading

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Court fee changes

There has been a change to some of the court fees within the Ex50. There have been reductions to witness summons, from £50 to £21, and also fees for requesting a legal aid only assessment in family cases have gone down from £200 to £94. This follows a review undertaken by the Ministry of Justice… Continue reading

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Part 36 – Beware of Withdrawn Offers!

Blackpool Borough Council v Volkerfitzpatrick Ltd [2020] EWHC 2128 (TCC) Facts of the Case The Claimant made a claim for a sum in the region of £6.7 million in relation to construction of a tram depot. The Defendants made a Part 36 offer and then later withdrew it. At Trial, although the Claimant was successful on… Continue reading

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West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust [2019] EWCA Civ 1220

Proportionality of Post-LASPO ATE Premiums This long-awaited hearing finally arrived in July 2019. It concerned the reasonableness and recoverability of post-LASPO ATE premiums. In this post I will deal with the comments and ‘guidance’ provided in respect of the new test of proportionality. Once the first stage of the test has been complete (the line-be-line… Continue reading

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XDE v North Middlesex University Hospital Trust [2019] EWHC 1482 (QB)

Reasonableness of switching from Legal Aid to a CFA This is one to keep an eye out for in 2020. The above case was initially funded by legal aid. However, there was a decision that, as the limit of the High Costs Contract had been reached, and that a further increase in costs was unlikely… Continue reading

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HH Law v Herbert [2019] EWCA Civ 527

Success fee deductions from damages In this matter the conducting solicitor found themselves on the naughty list. Following the changes introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2013 Solicitors acting under a Conditional Fee Agreement were unable to recover the success fee from their opponent, but instead would be able to… Continue reading

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JLE v Warrington & Halton Hospitals NHS Trust Foundation Trust [2019] EWHC 1582 (QB)

Part 36 consequences This case provided confirmation that the Court is entitled to award the 10% ‘bonus’ when a receiving party successfully beats their Part 36 offer, no matter how narrowly. In this matter the receiving party had made a Part 36 offer of £425,000.00. Costs were assessed at almost of £432,000.00. Therefore, the receiving… Continue reading

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Ophen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2504 (TCC)

Guideline hourly rates As the end of the decade fast approaches everyone is taking a quick look back in the ’10 year challenge’. For many of us the differences are inspiring, amusing, or sometimes slightly embarrassing. However, if you were to do this for the SCCO’s guideline hourly rates then you would be struck by… Continue reading

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I v Hull & East Yorkshire NHS Trust (25th February 2019) and RXK v Hampshire Hospitals NHS Foundation Trust [2019] EWHC 2751 (QB)

Interim payments on account of costs Enjoying the frivolities of the Christmas period can be an enjoyable, if not expensive, time of the year with payday falling early and lots of last minute items to purchase. No doubt all of us at one point or another have also then suffered what feels like an eternity… Continue reading

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Easteye Ltd -v- Malhotra Property Investment Ltd [2019]

In this Christmas Cracker of a case, it was held that the fact that a particular expenditure is not specifically approved by the Court, does not prevent the recovery of that cost as long as the costs of the phase are not exceeded. A DDJ in a costs management decision stated that "£120,000 is allowed… Continue reading

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Sheinberg v Abdon & Ors [2019]

An early Christmas present for the Claimant when no order as to costs was concluded following service of a notice of discontinuance. This claim related to a long-running and ill-tempered dispute between the parties as to how the affairs of the company should be managed, and in particular, the cost of refurbishment in 2014-2016 of… Continue reading

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Ho v Adelekin

Part 36 offers, contracting out of fixed costs and re-allocation This case related to an RTA matter that first proceeded through the Portal. It subsequently left the Portal following the Defendant’s Insurer’s failure to respond on liability. The matter was allocated to the fast track. An Application was made to re-allocate the matter to the… Continue reading

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