Jack Andrew Ordinarily, the small claims track is seldom reported on from a costs perspective as, whilst it is not impossible to recover costs inter partes (CPR 27 provides for disbursements to be recovered), it is somewhat unusual to recover costs litigating the claim, unless evidence can be provided to show the opponent has ‘behaved…
Jack Andrew As of Friday 18th November 2022, a number of solicitors up and down the country will have taken a sharp intake of breath and rejoiced at the fact the extension to fixed costs, proposed for introduction in April 2023, has now been postponed until October 2023. However, for those that missed it, Lord…
Jack Andrew Swift –v- Carpenter Pursuant to the landmark Court of Appeal decision in Swift v Carpenter, handed down on 9th October 2020, it would seem not all issues were concluded and a particular dispute concerning costs and Part 36 was left unresolved. This matter has now been addressed at a hearing on 6th November…
By Jack Andrew Previously on the 1st October 2019, the following amendment was made to Cost Management, Practice Direction 3E, paragraph 7.4:- “As part of the costs management process the court may not approve costs incurred up to and including the date of the costs management hearing. The court may, however, record its comments on…
Jack Andrew Qualified One Way Costs Shifting (‘QOCS’). A topic revered by any cost practitioner and one that does not seem to be going away any time soon. The above case previously proved very helpful assistance with respect to answering the question whether it was possible to contract out of fixed costs, and indeed, reference…
Jack Andrew Turner -v- Cole The question of whether it is possible to contract out of fixed costs and whether such phrases as ‘costs payable on a standard basis’ or ‘reasonable costs’, constitute any such parties’ intentions, has rumbled on for a number of years in costs litigation. However, one of the latest cases on…
Jack Andrew Woodward -v- Hyder The above heading represents an interesting question sometimes asked by clients. If a fixed costs case is unsuccessful from a Claimant’s perspective, is the Defendant entitled to costs on an hourly rate basis or are they fixed? Woodward -v- Hyder Well, the recent Court of Appeal decision in…
Jack Andrew Since 1st April 2013, costs litigation has been a rollercoaster, with several wide-ranging changes being made from fixed costs, cost budgeting, electronic billing and QWOCs, to name just a few. As such, dates have been permanently etched in practitioner’s minds, and, from a cursory glance at Linkedin and prominent commentators on the…
Jack Andrew AssetCo PLC -v- Grant Thornton UK LLP [2019] EWHC 592 (Comm) While already a case of interest for any cost practitioner, given the requirement for electronic billing was dispensed with by the High Court. A further investigation of the case reveals perhaps a more interesting aspect concerning Part 36, and what happens…
Jack Andrew Miss Seyi Adelekun -v- Mrs Siu Lai Ho The conflict between fixed costs and traditional costs on an hourly rate basis continues. In the helpful case of Miss Seyi Adelekun -v- Mrs Siu Lai Ho, his Honour Judge Wulwik has made an important decision that fixed costs did not apply to a…