Terri Shepherd-Taylor An appeal in the case of Shar & Anor v Shah & Anor has recently taken place against a cost decision in the County Court where it was held that the Claimants could recover their costs after securing damages of just £10.00 following trial. By way of background, the substantive claim…
Rebecca Mogford Astor Bristol Ltd and Ors v Bristol School of Performing Arts Ltd (LAND REGISTRATION – COSTS) [2021] UKUT 43 (LC) This case involved a question over jurisdiction and whether the First-tier Tribunal (FTT) incorrectly struck out the Points of Dispute that had been filed as a consequence of the appellant failing to…
Jessica Wiggins In Weaver and Others v British Airways plc (No. 2) [2021] Costs LR 163 the Court ruled that the cost of preparing and sending an email to thousands of individual clients attaching a generic letter, a separate claim having been made for drafting the generic letter itself, was not a recoverable cost.…
Matthew Waring Thompson v NSL Ltd [2021] EWHC 679 (QB) The issue of revising Costs Budgets is a matter of ongoing litigation given the number of recent Judgments handed down; this is under the new regime of CPR 3.15A being the “Promptness” test in addition to the “Significant Development” test. The case of…
Lindsay Woolford Cranstoun and Another –v- Notta [2021] Costs LR 47 Following the October 2020 amendments to the Rules in respect of budget variations, Mr James Mellor QC (sitting as Deputy Judge of the High Court) considered the circumstances where a successful party has overspent on their approved budget, but has succeeded at Trial…
Kathryn Regan Following amendments to the Rules in respect of revising budgets in October 2020, a recent Judgment of Master Kaye in Persimmon Homes & Taylor Wimpey –v- Osborne Clark LLP has highlighted the need for parties to act promptly when seeking to revise their budget. The Facts In December 2020, the Claimants issued…
Rebecca Mogford Criterion Buildings Ltd v McKinsey and Another (Costs) This was a case involving a dispute in respect of what award for costs should be made by the Court. There was an agreement between the parties as to the sum to be paid on account, however, what was not agreed was the basis…
Jack Holland In the recent case of JMH (By her Litigation Friend AB) v CFH and Another [2020] Costs LR 1681 focus was placed upon the ability of a practitioner’s ability to secure costs at solicitor’s rates as opposed to litigant in person rates when acting as an agent for their firm. The background…
Jack Holland The case of Godfrey v Automotive Products Limited was a claim for noise-induced hearing loss where the claim settled pre-issue in the sum of £2,000.00. As part of the claim for costs, a sum of £388.71 was sought within the Bill of Costs totalling £7,233.48 for the interests of a funding loan which…
Jack Holland A Court of Appeal judgment on the termination of Damages Based Agreements (DBA’s) has recently been handed down in the case of Zuberi v Lexlaw Limited seemingly bringing to an end the uncertainty surrounding termination prior to conclusion and the ability for a Solicitor to recover its’ costs. The facts of the…