The initial decision An action was brought by an estate claiming ownership of a property. The defendant sought to argue that she owned the property outright. The judge at first instance held that it was held as joint tenants, 50% each. In the first instance the Judge awarded costs to the Defendant, ordering that the…
The Court addressed a number of issues in this relating to the validity of Part 36 offers, costs consequences applying to Part 36 offers and sanctions for failing to file or serve a budget. On the 22 February 2018, Arnold J gave judgment in the favour of the Claimants on their claim against the Defendant…
In Nash v Ministry of Defence [2018] EWHC B4 (Costs), the Defendant advanced the argument that where the Court has reduced the hourly rates in relation to the incurred costs, that is a good reason to apply the same reduced rates to the ‘budgeted’, i.e. future costs. The proposed method to achieve the same, presented…
The new Practice Direction updates the previous Practice Direction by making reference to the Insolvency Rules 2016, taking account of recently decided cases and changes with regards to the Business and Property Courts Practice Direction, specifying new arrangements for the distribution of insolvency business across the different levels of the Judiciary, and clarifying the routes…
Hickey v The Secretary of State for Work and Pensions [2018] EWCA Civ 851 The case of Hickey v The Secretary of State for Work and Pensions [2018] EWCA Civ 851 has provided a clear reminder to all practitioners seeking to appeal on all matters, including costs, the rules to be adhered to in not…
Recovery Partners GB Limited and Another v Rukhadze and Others [2018] EWHC 95 (Comm) High Court considers whether deed of indemnity from ATE insurer is adequate security for costs. The Claimants’ solicitors provided an undertakings to hold sums of money as security for certain costs, which the Defendants accepted. However, the Claimants subsequently sought to…
In the case of Cleveland Bridge UK Ltd v Sarens (UK) Ltd [2018] EWHC 827 (TCC), the Claimant had won their case at Trial and costs were payable by the Defendant. In determining the level of interim payment to be requested, the Claimant used their agreed costs budget as a starting point, adjusting the…
Williams v The Secretary of State for Business, Energy & Industrial Strategy [2018] EWCA Civ 852 Claim details This Court of Appeal case looks at the CPR 44 conduct provisions and that failing to use the protocols set out therein could lead to fixed costs being awarded. The Claimant’s claim was for damages associated with hearing…
Gavin Edmondson Solicitors Ltd v Haven Insurance Company Ltd [2018] UKSC 21 This case involved six Claimants who were involved in road traffic accidents with the drivers being insured by Haven Insurance Company. The individuals involved instructed and entered into CFAs with Gavin Edmondson Solicitors Ltd. As required under the Pre-action Protocol for Low Value…
Secretary of State for the Home Department v Barry [2018] EWCA Civ 790 There are often circumstance when a case is built around more than one argument. Often one argument is the primary submission or basis for a claim with further arguments being ‘in the alternative’ or ‘further to’ arguments, separate from the primary case,…