Costs Law

Costs Law has many aspects and complexities, and the issues involved are often clarified by analysis of the judgements in specific cases.

There are common arguments which paying parties raise in detailed assessment proceedings, many of which have the potential to reduce costs. Our aim is to minimise your exposure to these issues, protect your position at assessment and achieve maximum costs recovery.

In each of the topics listed below, we set out a brief summary of relevant costs law and provide our own summary of the key issues of the cases themselves.

Click on the appropriate heading below to view details of the topic concerned.

You can also raise a particular concern or question by completing the Feedback page or requesting a Seminar.

Plevin v Paragon Personal Finance Limited [2017] UKSC 23

The Supreme Court recently gave judgment in the case... Read more »

Sharp v Leeds City Council [2017] EWCA Civ33

Confirming that the Costs of a Pre-Action Disclosure are... Read more »

King v Basildon & Thurrock University Hospitals NHS Foundation Trust

Proportionality – Back to the Future, Forward to the... Read more »

Phonographic Performance Ltd v Raymond Hagan [2016] EWHC 3076 (IPEC)

Further Confirmation of the Relationship Between Fixed Costs and... Read more »

LOWIN v W PORTSMOUTH & CO LTD (2016) – Part 36…

This recent case in the Queen’s Bench Division of... Read more »

Interest on disbursements paid by solicitors

A look at Interest on disbursements paid by solicitors... Read more »

Assignments of CFA

The continuing saga of the assignment of CFA –... Read more »

Proportionality – ‘The New Proportionality Test’

The new rule will be CPR 44.3(5) and will... Read more »

Referral Fees – changes from April 2013

Referral fees will be banned in personal injury cases... Read more »

Damages Based Agreements

A Damages Based Agreement (DBA) is a private funding... Read more »

Part 36 Uplift & General Damages Uplift

The changes apply where the Claimant obtains Judgment against... Read more »

Claims Portals – changes from April 2013

The Road Traffic Accident Protocol applies to all claims... Read more »

Fixed Recoverable Costs – changes from April 2013 & July 2013

The government put forward a proposal in November 2012... Read more »

Provisional Assessment – changes from April 2013

Provisional Assessment of Costs has been on trial in... Read more »

Qualified One-Way Costs Shifting (QOCS)

Essentially it is a device to civil litigation funding... Read more »

ATE Insurance – changes from April 2013

BTE insurance is taken out before an actionable event... Read more »

Calling all commercial law firms – ‘time to speak to your…

CIP Properties (AIPT) v Galliford Try Infrastructure and others... Read more »
Please note: the judgments discussed in these pages are not as reported, but merely a summary of our interpretation of those judgments. We accept no liability for any misconstrued understanding of such summaries, nor any loss or damage sustained as a result of any reliance upon such summaries.