Louise Satterthwaite It is not a new concept or a novel issue, nor will solicitors be unfamiliar with the requirement to provide a cost estimate at the start of a case. However, despite this there remains consistent issues raised, or at the very least open to a client to argue, relating to inaccurate estimates and…
Louise Satterthwaite Farmer v The Chief Constable of Lancashire [2019] EWHC B18 (Costs) This matter related to a claim for costs by way of a detailed assessment hearing before the Court for a successful Claimant’s Bill of Costs. The Defendant had applied for costs to be disallowed in full on the basis of the Claimant’s…
The Commissioner of Police of the Metropolis v Brown [2018] EWHC 2046 – This appeal concerns the operation of the qualified one-way costs shifting regime (known as QOCS) contained in Section II of Part 44 of the CPR. The original claim: The claim concerned the Metropolitan Police – with the help of Greater Manchester Police (GMP) (Defendants)…
JSC BTA Bank v Ablyazov and another [2018] EWHC 1368 (Comm) (8 June 2018) The Second Defendant in this matter was subject to a worldwide freezing order which had been made in previous litigation between the Claimant and the Defendant. The First Defendant had also been subject to the same freezing order however took no…
Estera Trust (Jersey) Ltd & Anor v Singh & Ors [2018] EWHC 1715 This case related to an application for relief under sections 994-996 of the Companies Act 2006 on the grounds that the company was being operated in a manner that was unfairly prejudicial to the applicants. The witness statements which had been served during…
In Molodi v Cambridge Vibration Maintenance Service (1) and Aviva Insurance Limited (2) [2018] EWHC 1288 (QB) the High Court have allowed the Defendant’s appeal and dismissed the Claimant’s claim on the ground that the they had been fundamentally dishonest within the meaning of Section 57 of the Criminal Justice and Courts Act 2015. Liability…
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 case of Whaleys (Bradford) Ltd v Bennett and another [2017] EWCA Civ 2143 was an appeal by the Claimant against an order for costs to be assessed on the standard basis in relation to three scheduled oral examination hearings within enforcement proceedings. The appeal was allowed as it was held that the conduct of the Defendants…
Intentions of the Parties Made Clear in the Assignment of a CFA, Rendering an Appeal Decision that the Transfer of the Retainer was Valid and Enforceable In one of the most significant costs cases to be heard since the recent reforms the Court of Appeal has now released the judgment in the case of Budana…