Matthew Luckhurst Mediation, mediation, mediation, the incessant drumbeat of the Courts for a number of years, with the threat of costs sanctions for failing to mediate. However, the recent case of Richards & Anor –and- Speechly Bircham LLP & Anor [2022] EWHC 1512 (Comm) has seemingly poured cold water on the parade. Richards related to…
Matthew Waring The current fixed costs regime has been in place for coming up to ten years now. In this relatively short period of time there have been a number of cases go to the Court over disputes concerning fixed costs. Below is a roundup of the some decisions relating to fixed recoverable costs:- Aldred…
David Burke Recovering inquest costs in subsequent civil proceedings is often difficult with many Defendants relying on the decision in “Roach v Home Office” [2010} QB 256 and “Lynch v Chief Constable of Warwickshire Police” [2014] Inquest LR 247 in seeking to limit the recoverability of the costs as part of costs of any subsequent…
Avi Dolties Doyle v M&D Foundations & Building Services Ltd Issue – In low value ex-protocol RTA, employer’s liability and public liability claims, does an agreement for costs to be ‘subject to detailed assessment if not agreed’ amount to an agreement between the parties to dis-apply Fixed Recoverable Costs (FRC)? Claimant argument – In this…
Lindsay Woolford In the matter of Thomas and others v PGI Group Ltd [2021] EWHC 2776 (QB) Mr Justice Cavanagh refused to grant the Defendant a Costs Capping Order under CPR 3.19, which is thought to be the first attempt at imposing a Costs Capping Order since the introduction of Cost Budgeting. The…
Jessica Wiggins In Bhat & Anor v Patel & Anor [2021] EWHC 2960 (Ch) Mrs Justice Fancourt held that defendants, who had not filed a revised costs budget, were not entitled to recover the costs of that counterclaim unless a relief from sanctions application was successful. The parties were all doctors who had been, or…
Rebecca Mogford The Proceedings related to a challenge brought by a beneficiary in respect of costs incurred in the administration of an estate. It should be noted that this case has had a number of hearings and there were a number of areas challenged, however, this article relates to the specific issue of administration…
Matt Luckhurst The recovery of success fees on the inter partes basis, save for a few types of cases, was effectively banned by virtue of the introduction of s.58A of the Courts and Legal Services Act 1990, in 2013 and the subsequent extension of the regime. However, the Court of Appeal in Hirachand –…
Grant Scully Many litigators will be aware of the historic case of Wraith v Sheffield Forgemasters Ltd [1998] in which it was considered when it is reasonable for a firm not located in the client’s local area to be instructed. However, costs is a fast paced environment and Wraith is now more than 20…
Rebecca Mogford Hourly rates is always one of the topics that unsurprisingly piques the interest of most litigators. Regardless of which area of law you work in, hourly rates are never (or should never be) far away from the forefront of your mind. The long-awaited CJC report that was released in January 2021 was…