Litigation

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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 Quarterly Round Up
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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 Belsner -v- CAM – Where are we now?
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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 The Application of Proportionality – Hodgson v Creation Consumer Finance
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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 Allowing Counsel fees does not necessarily mean Solicitors fees will be reduced
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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 When does Counsel’s Brief fee become incurred?
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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 When you’re a Successful Defendant but receive Nothing!
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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 Court Fee Remission: Where are we now?
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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 Split Trial? Get that wording correct regarding costs!
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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 The importance of using the correct Court form
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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 Success Fees and Protected Parties
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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 12 Days of Costmas Summary
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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 Beware, Court form templates are provided for a reason – Don’t get caught out!
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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 Mullaraj v Secretary of State for the Home Department
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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 Court fee changes
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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 Part 36 – Beware of Withdrawn Offers!
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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 West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust [2019] EWCA Civ 1220
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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 XDE v North Middlesex University Hospital Trust [2019] EWHC 1482 (QB)
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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 HH Law v Herbert [2019] EWCA Civ 527
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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 JLE v Warrington & Halton Hospitals NHS Trust Foundation Trust [2019] EWHC 1582 (QB)
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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 Ophen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2504 (TCC)
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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 I v Hull & East Yorkshire NHS Trust (25th February 2019) and RXK v Hampshire Hospitals NHS Foundation Trust [2019] EWHC 2751 (QB)
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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 Easteye Ltd -v- Malhotra Property Investment Ltd [2019]
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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 Sheinberg v Abdon & Ors [2019]
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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 Ho v Adelekin
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‘Exceptional Circumstances’ in the Fixed Recoverable Costs regime This appeal considered the decision made by the Costs Master at first instance to allow the departure from the fixed recoverable cost regime under the ‘exceptional circumstances’ provision under CPR 45.29J. The Claimant’s claim was started in the Portal however it became clear that the matter was… Continue reading Ferri v Gill
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The Level of Liability of Third Party Funders The second day of our costs law countdown of 2019 clarified the position in respect of Third Party Funding. Third party funding has become an increasingly viable option to fund larger forms of litigation and allows for a more even spread of risk between the parties and… Continue reading Davey v Money [2019] EWHC 997 (Ch)
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Hourly rates and proportionality 2019 in the world of costs kicked off with some interesting comments on hourly rates. Whilst the subject of at the heart of this litigation hit the headlines for a number of reasons, it is arguable that the issue of the costs in the case slipped under the radar. The matter… Continue reading Arcadia Group, Topshop/Topman Limited & Philip Green v Telegraph Media Group [2019] EWHC 96 (QB)
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This case did not go nearly as well for the Claimant, who rejected the Defendant’s Part 36 offer of £25,000 made in March 2015 and subsequently lost their entire case at Trial, where they received nothing.  The Claimant’s own Part 36 offer was £45,000, though they had pleaded their case at nearly £360,000.  The Defendant,… Continue reading Burgess & Anor –v- Jejonvarn [2019] EWHC 369 (TCC)
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This judgment of Mr Justice Bryan is a really welcome addition to the small library of helpful cases on the subject of compensatory interest on successful Part 36 offers.  C succeeded at Trial, obtaining judgment in excess of £22 million.  During the course of the action, they had made two Part 36 offers, one of… Continue reading Assetco PLC –v- Grant Thornton UK LLP [2019] EWHC 592 (Comm)

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