Litigation

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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 Significant increase in Disclosure…… just not significant enough to justify a Costs Budget variation.
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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 June 2023
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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 WIGAN BOROUGH COUNCIL V SCULLINDALE GLOBAL LTD & ORS [2021] EWHC 3852 (CH)
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   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 SCIL 2023
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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 Isah, R (On the application of) v Secretary of State for the Home Department [2023] EWCA Civ 268
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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 Are Guideline rates really a valid starting point? Defendant’s appeal, failure and dismissal.
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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 Is Covid and the late acceptance of a Part 36 offer a good reason to depart from Fixed Costs?
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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 Fixed Costs and Medical Agency fees – Again
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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 The Damages Claim Portal
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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 Redraw your Bill of Costs, I say!
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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 Agreed budgets are not immune from the Court’s comments in respect of reasonableness and proportionality
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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 Late Acceptance of Part 36 Offer & QOCS protection – what is the current position?
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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 Deutsche Bank AG v Sebastian Holdings Inc 2023 EWHC 9 (SCCO)
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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 A look ahead to 2023 in the world of costs A Costsmas Carol
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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 2022 REVIEW
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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 Feliz Navidad – Belsner -v- Cam
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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 A reminder that QOCS does not prevent the making of costs orders against Claimants
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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 Detailed assessment costs are not limited to £1,500…on this occasion
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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 Dance v East Kent University Hospitals NHS Foundation Trust & Ors [2022] EWHC 2198 (SCCO)
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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 EVX v Smith [2022] EWHC 1607 (SCCO) – An important case with the new world of FRCs on the horizon
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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 Hourly Rates – it’s the Litigation not the Litigator!
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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 When winning is also losing
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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 LEARNING TO DELEGATE – A SHORT STORY
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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 The importance of correctly wording retainers
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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 Interest calculations – A stark warning to make prompt payment
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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 Time flies when you’re having fun
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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 Refusal to allow amendments to Points of Dispute
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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 Is “the Devil in the details” or is it just about good drafting?
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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 The indemnity principle – a crushing blow for the successful Defendant
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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 Replacing Detailed Assessment with Summarily Assessed Costs?

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