Anna Lockyer Monex Europe Ltd v Pothecary & Anor In the case of Monex Europe Ltd v Pothecary & Anor [2019] EWHC 2204 (QB) the Defendant costs of £85,446 were not deemed disproportionate even though the Claimant costs were significantly lower at £44,669. To give this costs assessment some context, the costs being summarily…
David Burke After a long and busy summer, we thought it would be useful to summarise the recent decisions made in respect of CPR36. In Knight & Anor v Knight & Ors (Costs) [2019] EWHC 1545 (Ch) HHJ Matthews (sitting as a High Court Judge) was asked to consider whether or not a Part…
Jodi Booth MXX v United Lincolnshire NHS Trust [2019] EWHC 1624 (QB) (27 June 2019) The recent case of MXX v United Lincolnshire NHS Trust [2019] EWHC 1624 (QB) (27 June 2019) has identified further circumstances when good reason might be found to depart from a previously approved costs budget. It is common knowledge…
Jack Andrew Woodward -v- Hyder The above heading represents an interesting question sometimes asked by clients. If a fixed costs case is unsuccessful from a Claimant’s perspective, is the Defendant entitled to costs on an hourly rate basis or are they fixed? Woodward -v- Hyder Well, the recent Court of Appeal decision in…
Lindsay Woolford AB -v- Mid Cheshire Hospitals NHS Foundation Trust [2019] EWHC 1889 (QB) The recent decision in AB -v- Mid Cheshire Hospitals NHS Foundation Trust [2019] EWHC 1889 (QB) has found that the switch from Legal Aid funding to a CFA was reasonable in circumstances where the receiving party wished to instruct a preferred Expert,…
Kathryn Regan Gray -v- Commissioner of Police for the Metropolis Costs budgeting has been around for over six years now, but appeal decisions on the allowances made by Judges during this process are few and far between. A recent case of Gray -v- Commissioner of Police for the Metropolis dealt with the extent to…
Kathryn Regan, Rebecca Mogford Rattan v Carter-Ruck There has been a significant increase in legal commentary on Solicitor own Client costs and the challenges being advanced by both Solicitors and lay Clients alike recently. In the case of Rattan v Carter-Ruck, Master Leonard dealt with two Applications and his decisions will be of interest…
Wesley Swindell Hammond v SIG plc & Subsidiary Companie [2019] EWHC B7 (Costs); Ferri v Gill [2019] EWHC 952 (QB) The Case of Qader v Esure [2016] EWCA Civ 1109 set the precedent for cases that started under the EL/PL/RTA protocol. For cases that started within the Portal and were subsequently allocated to the Multi-Track,…
Rebecca Mogford West -v- Stockport NHS Foundation Trust The Judgment has provided eagerly-awaited clarity in relation to the assessment of the reasonableness and proportionality of ATE premiums in cases brought post LASPO. We have seen a significant number of cases stayed pending this decision, we are hopeful that this decision will now draw a…
Rebecca Mogford West & Demouilpied v Stockport NHS Foundation Trust New test? We say “new”, we are actually now 6 years post LASPO and 6 years since the implementation of the “new” proportionality test. We have had limited guidance in those 6 years but an awful lot of frustration regarding the inconsistency and different…