Be careful regarding interest on disbursement funding loans and advice given to Clients regarding recovery of the same. Master Gordon Saker made it clear in Marbrow v Sharpes Garden Services Ltd[2020] EWHC B26 (Costs) (10 July 2020) that interest paid on a disbursement funding loan was not regarded recoverable as an item of cost or,…
Rebecca Mogford As we have recently reported, Guideline Hourly Rates have been something of a hot topic over the last few months. We have now received the eagerly anticipated working group report for consultation from the Civil Justice Council. The report provides a number of recommendations and reminders, namely, :- It is re-iterated that…
Grant Scully ACC & Ors (property and affairs deputy; recovering assets costs for legal proceedings) [2020] EWCOP 9 It can be quite common for litigation to occur while a deputy is acting, or for a deputy to act before litigation has concluded. However, what happens when the solicitor conducting litigation tries to recover costs…
Rebecca Mogford Over the last few months we have had a flurry of activity from various cases and commentary from the judiciary on hourly rates. With what has been a challenging year at times for the legal industry, these developments have been warmly received. As previously mentioned in our articles Master Gordon Saker pushing in…
Gemma Taylor BDW Trading Ltd v Lantoom Ltd [2020] Costs LR 1597 In this recent Technology and Construction Court (Queen’s Bench Division) case, Mr Justice Kerr considered whether a substantial increase of disclosure ought to be considered a significant development and whether or not the “knock-on effect” to other phases, such as witness evidence,…
Kathryn Regan It has been drilled into litigators over the past 7 years that all parties are required to file and exchange budgets in Part 7 multi-track cases, save for the excepted cases under CPR 3.12(1). All parties except for Litigants in Person that is. Recently a represented party issued an application against a…
Jack Andrew Swift –v- Carpenter Pursuant to the landmark Court of Appeal decision in Swift v Carpenter, handed down on 9th October 2020, it would seem not all issues were concluded and a particular dispute concerning costs and Part 36 was left unresolved. This matter has now been addressed at a hearing on 6th November…
Jessica Wiggins The Court of Appeal offered some very welcome guidance as to how the amount of a payment on account of costs may be calculated in the case of Mousavi-Khalkali v Abrishamchi & Anor [2020] EWCA Civ 1493. Prior to this case we did, of course, have the authority of Mars UK Ltd v Teknowledge…
Rebecca Mogford As many of you will know, the issue of Guideline Hourly rates has been a hot topic over the last few weeks following the decision from Master Whalan in the case of PLK & Ors (2020) (MRN previous article) Speaking at the Association of Costs Lawyers annual conference on Friday 13 November 2020,…
Avi Dolties How are you managing your work life balance? Is this a serious question? Work/Life? It’s more like work/work! Fortunately, for MRN we have had a steady stream of work and have been privileged to assist clients with securing their costs in this uncertain period of time. For me, it is about time management.…