David Burke A decision which may have been missed by many is the County Court decision of HHJ Rawlings in Hardy v Skeels (4th March 2021, County Court at Stoke) relating to the “Court fees only” sanction applicable in accordance with CPR 3.14 upon the late filing of a Costs Budget. A CCMC had…
Helen Appleby This Article considers the implications of Cost Orders following Judgement for the losing party. As with all Proceedings, the conduct of each party is a pivotal point for the Court to consider when determining the basis upon which Costs are to be paid. Indemnity costs are often sought by the successful party, particularly…
Terri Shepherd-Taylor An appeal in the case of Shar & Anor v Shah & Anor has recently taken place against a cost decision in the County Court where it was held that the Claimants could recover their costs after securing damages of just £10.00 following trial. By way of background, the substantive claim…
Rebecca Mogford Astor Bristol Ltd and Ors v Bristol School of Performing Arts Ltd (LAND REGISTRATION – COSTS) [2021] UKUT 43 (LC) This case involved a question over jurisdiction and whether the First-tier Tribunal (FTT) incorrectly struck out the Points of Dispute that had been filed as a consequence of the appellant failing to…
Jessica Wiggins In Weaver and Others v British Airways plc (No. 2) [2021] Costs LR 163 the Court ruled that the cost of preparing and sending an email to thousands of individual clients attaching a generic letter, a separate claim having been made for drafting the generic letter itself, was not a recoverable cost.…
Matthew Waring Thompson v NSL Ltd [2021] EWHC 679 (QB) The issue of revising Costs Budgets is a matter of ongoing litigation given the number of recent Judgments handed down; this is under the new regime of CPR 3.15A being the “Promptness” test in addition to the “Significant Development” test. The case of…
Lindsay Woolford Cranstoun and Another –v- Notta [2021] Costs LR 47 Following the October 2020 amendments to the Rules in respect of budget variations, Mr James Mellor QC (sitting as Deputy Judge of the High Court) considered the circumstances where a successful party has overspent on their approved budget, but has succeeded at Trial…
Kathryn Regan Following amendments to the Rules in respect of revising budgets in October 2020, a recent Judgment of Master Kaye in Persimmon Homes & Taylor Wimpey –v- Osborne Clark LLP has highlighted the need for parties to act promptly when seeking to revise their budget. The Facts In December 2020, the Claimants issued…
Rebecca Mogford Criterion Buildings Ltd v McKinsey and Another (Costs) This was a case involving a dispute in respect of what award for costs should be made by the Court. There was an agreement between the parties as to the sum to be paid on account, however, what was not agreed was the basis…
Jack Holland In the recent case of JMH (By her Litigation Friend AB) v CFH and Another [2020] Costs LR 1681 focus was placed upon the ability of a practitioner’s ability to secure costs at solicitor’s rates as opposed to litigant in person rates when acting as an agent for their firm. The background…