Costs News

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.
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.

One strike and out: The pitfalls of non-payment of the Trial…

On April 6 2017, the Civil Procedure Rules were... Read more »

Solicitor own client costs; the importance of cost estimates

The recent case of Harrison v Eversheds LLP  EWHC... Read more »

When can an Interim Payment be ordered by the Court?

Ashman v Thomas EWHC 1810 (Ch) Clarifying when... Read more »

Part 36 Offers & Fixed Costs

A regional costs judge has concluded that he was... Read more »

Late Acceptance of a Part 36 Offer: When Should a Court…

This was a significant clinical negligence claim against three... Read more »

The New Intermediate Track

Lord Justice Jackson’s recommendations and proposals as we all... Read more »

Late acceptance of a Part 36 Offer

A recent review of cases has shown that there... Read more »

Update: Fixed Costs in Clinical Negligence matters

Clinical negligence cases can follow countless pathways before they... Read more »

Breaking the Norm – Indemnity Costs in the Court of Protection

The Public Guardian v Matrix Deputies Limited and London... Read more »

Further guidance on Relief from Sanctions

The recent case of Singh and others v Charity... Read more »

Relief from Sanctions in 2017: An Overview

Comparing Recent Decisions on the Granting of Relief from... Read more »

Reasonableness of Insurance Premiums in Clinical Negligence Cases

This issue of the reasonableness of insurance premiums was... Read more »

Master invites solution to Costs Management costs

Master invites a solution from the Rule Committee in... Read more »

Hourly Rates – A Good Reason to Depart from Costs Budgets?…

RNB v London Borough of Newham  EWHC B15 (Costs)... Read more »

Emphasis on Openness between the Parties

The judgment of Mr Justice Kerr in Topping v... Read more »

Handling Solicitor/Client Assessments

Much of the confusion and complication surrounding solicitor-client assessments... Read more »

The Effect of the Changing Discount Rate on Indemnity Costs

Following the recent case of Marsh -v- MOJ we... Read more »

Fixed Costs and the Application of Part 36 – A further…

Kaur v Committee for the time being of Ramgarhia... Read more »

Clarification from Court of Appeal on the Application of QOCS

Qualified One Way Costs Shifting (QOCS), one of the... Read more »

The Discount Rate is about to change… again; so what’s been…

Back in February then Lord Chancellor, Elizabeth Truss, reduced... Read more »

Game, Set and Match Claimants: Court Serves up an Ace to…

The Court of Appeal has overturned an earlier decision... Read more »

Relief from Sanctions Revisited: Budget Served 1 Day Late

Jagdish Lakhani (and another) v Ibrahim Sheikh Abdullah Mahmud... Read more »

Unreasonable CFA Terms and Failure to Provide a Proper Explanation

A determination of unreasonable CFA terms and failure to... Read more »

Solicitor LLP….Do I File and Serve a Budget?

The rules are quite clear in respect of recovering... Read more »

Claimant awarded Indemnity Costs on Defendant’s Late Acceptance of Part 36…

The unresolved issue of whether indemnity costs should be... Read more »

Cost Budgeting more complex than Litigation

Costs budgeting was first introduced on 1 April 2013.... Read more »

The Problem with DBAs

One of the raft of measures proposed by the... Read more »

More Fixed Costs?

In the news this week are reports that the... Read more »

When is a CFA unreasonable?

The Court held in Nadarajah Vilvarajah v West London... Read more »

Harrison Judgment Shows the Way Forward

Harrison v University Hospitals Coventry & Warwickshire NHS Trust... Read more »

Not an EL/PL, not an RTA… What is this claim?!

Master Logan Prescott v The Trustees of the Pencarrow... Read more »

Extended Fixed Costs – One Step Closer

The Rules Committee have published details of the pilot... Read more »

Can a Claimant Sue an Unidentified Driver?

The question as to whether the Claimant can sue... Read more »

The Consequence of Incorrectly Framing an Offer

The importance of correctly framing offers is highlighted in... Read more »

Deferring Payment of Costs – Not if You Can’t Pay

Bhandal v HM Revenue and Customs EWHC 3387... Read more »

More Satellite Litigation Over the RTA Protocol

In theory the RTA protocol provides a straightforward process... Read more »

Granting Extensions – Please Sir Can I have Some More (Time)?

Emmanuel v The Commissioners for her Majesty’s Revenue and... Read more »

When is a Refusal to Mediate Reasonable?

A number of issues were considered by Lord Justice... Read more »

What Constitutes Unreasonable Behaviour?

Dammermann v Lanyon Bowdler Solicitors EWCA Civ 269... Read more »

Proportionality: Size Doesn’t Matter

The RBS Rights Issue Litigation is a highly unusual... Read more »

What Constitutes a “Significant Development”?

Asghar v Bhatti Queen’s Bench Division A surprising decision... Read more »

Pre-Action Protocol for Debt Claims

In March 2017, a new Pre-Action Protocol for Debt... Read more »

Stage 1 Protocol – Money for Nothing?

JC and A Solicitors Limited v Iqbal and others... Read more »

Indemnity Basis Costs Refused

The County Court at Liverpool has recently refused permission... Read more »

The Importance of Budget Discussion Reports

Findcharm Ltd v Churchill Group Ltd EWHC 1108... Read more »

QOCS going on? Court rules in favour of Defendant seeking to…

Robert Jeffreys v The Commissioner of the Police of... Read more »

25% Deduction From Damages – How can we help?

The year 2013 was tough for the personal injury... Read more »

Clients’ Statutory Rights Regarding Costs

A case which clarifies the ‘special circumstance’ required for... Read more »

Consider Mediation or Risk Costs Sanction

Recent Case Law supports that all reasonable offers need... Read more »

IPT Increase – An Inevitable Trend?

In his 2016 Autumn Statement on 23 November 2016,... Read more »

Fixed Costs in Road Traffic Accidents

The new fixed costs regime was brought in over... Read more »

To extend or not to extend? Fixed Costs Pilot Scheme

Jackson LJ is continuing his enquiries into extending the... Read more »

Housemaker Services Ltd v Cole [2017] EWHC 924 (Ch)

A case concerning the circumstance when a costs order... Read more »

Jago v Whitbread

A case in which costs were slashed as a... Read more »

Choudhury v Markerstudy

A case which sheds light on when litigation services... Read more »

Brown v BCA Trading Limited [2016] EWHC 1464 (Ch)

A case in which agreed elements of a budget... Read more »

Understanding Fixed Costs in EL/PL Cases

The ‘new’ fixed costs regime for EL/PL cases was... Read more »

Merrix Update

The landmark decision in Merrix v Heart of England... Read more »

Plevin v Paragon Personal Finance Limited [2017] UKSC23

A Key Decision Regarding the Assignment of Conditional Fee... Read more »

QOCS: The effects of a Pre-LASPO retainer, and what it means…

One of the Claimant friendly provisions of the Jackson... Read more »

QOCS: What Amounts to Fundamental Dishonesty?

Qualified One Way Costs Shifting (QOCS), one of the... Read more »

When QOCS Becomes Problematic

The application of QOCS is in theory straightforward. CPR... Read more »

Understanding the Costs of Arbitration

Due to continued cuts in Civil Justice and the... Read more »

Jackson on Expanding the Scope of Fixed Costs 

OPINION  Looking into the fire, we’d rather just stay... Read more »

Mather v Doncaster & Bassetlaw Hospitals NHS Foundation Trust

“Whole of split bill, less additional liabilities, subject to... Read more »

Merrix v Heart of England NHS Foundation Trust [2017] 346 (QB)

And you thought cost budgets were important last week…... Read more »

Merrix Appeal – Four Basic Questions Everyone is Asking

Merrix v. Heart of England NHS Foundation Trust and... Read more »

The Importance of Costs Estimates

In the recent case of ENRC v Dechert ,... Read more »

Part 36 Presents: ‘Proportionate Justice’ Guest Starring Indemnity Costs

Considering the cost consequence when a Claimant’s Part 36... Read more »

FAQ – New Format Bill of Costs

Are there any changes to the existing rules? Currently... Read more »

What is happening? New Format Bill of Costs

A Background In accordance with CPR 3.18 and the... Read more »

When a Judge ‘Steps Back’ What Do They See?

With Conflicting Authorities on how Proportionality is Assessed, how... Read more »

Introducing: MRN’s Insight Blog

The nature of how law firms charge clients and... Read more »

Merrix v Heart of England NHS Foundation Trust

PLEASE SEE UPDATE OF THIS CASE HERE In a... Read more »

The Perfect Gift for Every Claimant – Part 36 Protection

A reluctance to progress cases is an allegation historically... Read more »

Proportionality is here to stay, but how do I advise my…

For cases commenced on or after 1 April 2013,... Read more »

Beating the odds on proportionality – a huge win by MRN

Given the current uncertainty of proportionality a recent case... Read more »

Proportionality – The New Test Finally Bites

Despite being introduced in April 2013 the new test... Read more »

Departure from a Cost Budget

In Sylvia Henry v News Group Newspapers Ltd ... Read more »

Webb Resolutions Ltd v Countrywide Surveyors Ltd [2016] Ch Div (4…

Webb Resolutions Ltd v Countrywide Surveyors Ltd Ch... Read more »

Reid v Buckinghamshire Healthcare NHS

REFUSING TO ENGAGE IN COSTS MEDIATION – RESULTED IN... Read more »

Changes to the Civil Procedure Rules April 2016

As is often the case these days another Civil... Read more »

Can you keep an eye on your costs?…MRN can!

With effect from the 1st October 2015, CPR 47.6... Read more »

Fixed costs coming to Commercial Litigation

With the Jackson reforms bringing fixed costs to RTA,... Read more »

Costs Budgeting in Practice – The Recent Guidance 

Two years on since the introduction of Costs Management,... Read more »

Clinical Negligence Bills – Inflation or Sensationalism?

The issue of the extreme cost incurred as a... Read more »

DBAs: No longer MIA?

Damage based Agreements (DBAs), also known as Contingency Fee... Read more »

Jones -v- Spire Healthcare

Who would have thought that one piece of paper... Read more »

Costs on the Shorter Trial Pilot

As you may be aware, there has been long... Read more »

Changes to the CPR with effect from 1 October 2015

Keep an eye on your costs! Unfortunately, gone are... Read more »

Notice of Right to Cancel

The Court of Appeal’s decision of Cox v Woodlands... Read more »

Judgement of O’Brien V Shorrock & The MIB [2015]

The recent High Court Judgment of O’Brien V Shorrock... Read more »

Rangos V Secretary Of State For Business Innovation & Skills &…

Overview by Christopher Knibb Liability for costs of Detailed... Read more »

Patterson v Ministry of Defence [2012] EWHC 2767 (QB)

Overview by Gemma Taylor The definition of disease within... Read more »

Loizou v Gordon and Patsias [2012] EWHC 90221 (Costs)

Overview by Danielle Willshaw Definition of a Contested Trial... Read more »

Andrew Hurley v Tawanda Makuni – (unreported)

Overview by Helen Fuller CFAs and the cancellation of... Read more »

Christine Brown-Quinn (1) Webster Dixon LLP & Ors (2) v Equity…

Overview by Vikki Weinrich-Cooke This case involved issues relating... Read more »

Sylvia Henry v News Group Newspapers Ltd [2013] EWCA Civ 19

Overview by Jessica Wiggins This case is an early... Read more »

ATE Insurance – changes from April 2013

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

Qualified One-Way Costs Shifting (QOCS)

WHAT IS IT? Essentially it is a device to... Read more »

Fixed Recoverable Costs – changes from April 2013 & July 2013

(updated 01/08/13) WHAT ARE THEY? The government put forward... Read more »

Provisional Assessment – changes from April 2013

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

Claims Portals – changes from April 2013

RTA/EL/PL Portals: The Road Traffic Accident Protocol applies to... Read more »

Part 36 Uplift & General Damages Uplift

WHAT ARE THE CHANGES? PART 36: The changes apply... Read more »

Damages Based Agreements

What Is It? A Damages Based Agreement (DBA) is... Read more »

Referral Fees – changes from April 2013

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

Flatman v Germany; Weddall v Barchester Health Care Ltd [2013] EWCA…

Overview by Andrew Daintith The Court of Appeal focused... Read more »

Slick Seating Systems GL Events SA v Lea Mark Adams(1) Leamark…

‘BUDGETS – ‘cost control not cost reduction’ Overview by... Read more »

Troy Foods v Manton [2013] EWCA Civ 615

‘Alarm bells!!! –Just because costs are approved in the... Read more »

Murray & Anor v Neil Dowlman Architecture Ltd [2013] EWHC 872…

‘Get your budget right!’ Overview by Avi Dolties In... Read more »

A Court of Appeal Warning on Costs Budgets

A much anticipated Court of Appeal ruling has been... Read more »

APIL calls for big uplift in guideline hourly rates

The guideline hourly rates (GHR) should be increased by... Read more »

THE BANK OF IRELAND & ANOR v PHILIP PARK PARTNERSHIP [2014]…

‘Trip Wires for The Unwary’ – When the No-Nonsense... Read more »

Hourly rates; are they changing? About time too

The committee reviewing the guideline hourly rates is set... Read more »

Webb Resolutions Ltd v E-Surv Ltd [2014] EWHC 49 (QB)

Applications on time, Please !! Once again, another reminder... Read more »

JAGJIT BAMRAH v GEMPRIDE LIMITED

A Warning on Funding Enquiries and Hourly Rates –... Read more »

Finglands Coachways Ltd v O’Hare [2014] EWHC 1513 (QB)

In Finglands Coachways Ltd v O’Hare, the Claimant was... Read more »

Indemnity Costs v Costs Budgets

The case of Kellie v Wheatley & Lloyd Architects... Read more »

Susan Louise Cox v Woodlands Manor Care Home Limited 2015

This case addresses the issue of the applicability and... Read more »

Coventry – A Lump of Coal to the Legal Profession?

Imagine you have been dealing with a sizeable matter... Read more »