With Conflicting Authorities on how Proportionality is Assessed, how Should it be Dealt With? When the judgment in BNM v MGM was released, it established that contrary to the old proportionality rules, additional liabilities were to be taken into account when considering the proportionality of costs incurred. Inevitably the case has been heavily relied on by paying…
The nature of how law firms charge clients and make money is in flux. Many changes have already taken place and more are in the pipeline beyond 2016. Keeping one step ahead of the rules and the Judiciary is a sure-fire way of ensuring you are not caught out and remain profitable through challenging times.…
PLEASE SEE UPDATE OF THIS CASE HERE In a Post-Jackson World Only One Thing is Close to Certain: the Height of the Ceiling Background Of the various desired outcomes of the Jackson reforms, ‘certainty of costs’ was amongst the forerunners. Of the numerous bodies who were consulted as part of the investigations there was universal agreement…
Efficiency in the Fixed Costs Regime A reluctance to progress cases is an allegation historically levelled against Claimants and Defendants in almost equal measure. However with fixed recoverable costs looming threateningly over the Claimant profession, this is likely to become an increasingly one sided concern. Under hourly rate costs (in theory at least) there would…
Given the current uncertainty of proportionality a recent case we set down for Provisional Assessment has indicated the tables may now be turning in the Claimant’s favour. The case was a relatively small clinical negligence claim where the Defendant delayed in providing proper treatment to the Claimant after they failed to diagnose a ligament injury…
For cases commenced on or after 1 April 2013, there is a ‘new test’ of proportionality (albeit not too new anymore!), which provides that costs incurred by a party are proportionate if they bear a reasonable relationship to: the sums in issue in the proceedings; the value of any non-monetary relief in issue in the…
Proportionality is there, and it is staring us in the face. It is popping up left right and centre in unenthusiastically titled emails, articles and newsletters. Some optimistic decisions would be most welcome wouldn’t they? Alas it seems we have recently become more accustomed to the doom and gloom. MRN’s job is of course to…
In Sylvia Henry v News Group Newspapers Ltd [2013] EWCA Civ 19, the Claimant appealed a decision from Senior Costs Judge Hurst who refused to allow provision to depart from her approved cost budget, because of her failure to comply with the obligation to inform the Defendant of an increase to the approved costs. The…
Despite being introduced in April 2013 the new test of proportionality had not been given much thought by the courts. Then suddenly, two cases in quick succession have been decided in which we finally have some detailed guidance on how the new test of proportionality will be applied. BNM v MGN Limited [2016] EWHC B13…
The awarding of issue based costs – a recent decision overturned There has always been discretion available to the Court to make issue-based costs orders where a party succeeds on only part of its case. Where a Claimant beats its own Part 36 offer, but succeeds in only part of its case, can the Court…