An Analysis of Ansell & Evans -v- A.T & T (GB) Holdings Ltd The less than perfect drafting of the fixed costs rules contained in CPR 45 continue to be a cause of contention between receiving and paying parties for numerous reasons. Ansell & Evans -v- A.T & T (GB) Holdings Ltd provides guidance on…
The Facts: The Court of Appeal has handed down an extremely important decision this month, which has seen a successful Claimant have their Assessment Costs halved due to the issue of misconduct by claiming a higher hourly rate than she was entitled to. In Gempride Ltd –v- Bamrah & Anor [2018] EWCA Civ 1367 the…
Report on the Case of: Bott & Co Solicitors Ltd v Ryanair DAC [2018] EWHC 534 (Ch) On 16 March 2018, The High Court handed down judgment dismissing a claim bought by Bott & Co Solicitors Ltd against Ryanair DAC arising out of the latter’s handling of claims for flight disruption compensation under Regulation (EC)…
The Senior Court Costs Office has once again rejected attempts made by a personal injury client for access to their former Solicitor’s file of papers. Very much in anticipation of the guidance to be provided by the appeals in the cases of Green & Ors v SGI Legal LLP [2017] EWHC B27 (Costs) and Hanley…
One of the areas we are seeing the most increase of cases in is solicitor own client disputes. Recently the Commercial Court held that a Solicitor could bill her client for work that had not had a fee estimate provided for. In the case of Brookes (t/a Brookes & Co) v Atlantic Marine & Aviation…
A Senior Costs Judge in the Mirror Group Newspapers (MGN) phone hacking litigation has recently held that the proportionality test does not prevent the recovery of costs that are higher than the sums in issue in litigation. Whilst expressly stating that nothing in his judgment should be taken as an attempt to provide guidance in…
Shalaby v London North West Healthcare NHS Trust [2018] EWCA Civ 1323 The Court of Appeal has ruled that the provisions of Part 36 do not entitle a Defendant to recover costs on an indemnity basis if a Claimant has not beaten a Part 36 offer. In the case of Shalaby, Mr Shalaby had brought…
Hogg v Newton (Judgment handed down 18th May 2018) highlights the importance of ensuring that every intended element of a claim is included, or excluded, within a Part 36 offer, and also emphasises the danger of not withdrawing Part 36 offers, no matter how old. The brief facts of the case are that the Claimant…
In Molodi v Cambridge Vibration Maintenance Service (1) and Aviva Insurance Limited (2) [2018] EWHC 1288 (QB) the High Court have allowed the Defendant’s appeal and dismissed the Claimant’s claim on the ground that the they had been fundamentally dishonest within the meaning of Section 57 of the Criminal Justice and Courts Act 2015. Liability…
In the recent case of Sirketi v Kupeli & Ors [2018] EWCA Civ 1264 the Court of Appeal overturned an order for costs in favour of the Claimants with an order for no costs. The claims, which were never formally incorporated into a Group Litigation Order but were joined and managed together with one firm…