Proportionality and Fatal Cases

Powell & Ors v The Chief Constable of West Midlands Police [2018] EWHC B12 (Costs) The Facts: The Claimants sought to bring an action following the death of Mikey Powell whilst he was in police custody. The Police were called because Mr Powell had deteriorating mental health problems; the Police car arrived and deliberately drove the…

Master Leonard Applies “Wider Criteria” (CPR 44.3(5)(e) when considering proportionality

Arjomandkhah v Nasrouallahi [2018] EWHC B11 (Costs) In this matter before Master Leonard at the SCCO, the Court rejected the Claimant’s argument that the Defendant’s costs, which were approximately one-third of the Claimant’s costs budget) were disproportionate. The case before the SCCO was an appeal following a Detailed Assessment by a Costs Officer of the…

Hourly Rates – A Judge’s Discretion

The recent case of JXA v Kettering General Hospital NHS Foundation Trust [2018] EWHC 1747 (QB) provides interesting reading regarding the continued importance of Wraith v. Sheffield Forgemasters Ltd, Truscott v. Truscott [1998] 1 WLR 132 (CA) and once again highlights the broad discretion available to a Judge under CPR44.4. The substantive action was a…

CFA with wrong Defendant – a narrow escape!

Malone v Birmingham Community NHS Trust [2018] EWCA Civ 1376 Wrongly named Defendants in CFAs is a recurring issue with various non-binding and conflicting decisions on the issue including Brierley v Prescott [2006] EWHC 90062 (Costs), Law v Liverpool City Council [2005] EWHC 90020 (Costs), Scott v Transport for London (2009) (unreported) and Brookes v…