Part 36 offer

Is the Part 36 Offer Still Fit for Purpose After Hislop v Perde?

When the CPR came into force in April 1999, the old method of placing your opponent on risk as to costs in litigation, the Payment into Court, was replaced by Part 36 of the CPR. The intention was the same as the payment into court – to put some pressure Read the full article…

July Costs judgments including Part 36, QOCS, Indemnity costs

July 2018 Costs Round Up – QOCs, Part 36, Fixed Costs

The last month was a pretty hot one, both for the number of important and interesting legal costs judgments that were delivered, as well as in terms of the record outdoor (and in some offices, indoor) temperatures being hit. Here’s our round-up of the some of the legal costs news Read the full article…

tuson v murphy to Part 36 or

Tuson v Murphy – To Part 36 or to Calderbank – That is the Question?

The case of Tuson v Murphy  [2018] EWCA Civ 1461 in which judgment was handed down on the 22nd June confirmed the rigidity of the effects of making a Part 36 offer and how difficult it is to persuade a court that the non-default costs  effects should not apply even where Read the full article…

Certifying bill of costs

Certifying a Bill of Costs – a Cautionary Tale – Gempride Ltd v Bamrah

June saw a number of costs law cases of some interest and importance being heard in the higher courts and none more so than the Court of Appeal case of Gempride Ltd v Bamrah (2018) EWCA Civ 1367 . This covered amongst other matters, hourly fees, agents, Before the Event Insurance (BTE) Read the full article…

Newspaper lying on a brown desk with the headkine 'What's New?' written on in black

A Round Up of May’s Costs Cases

Case law involving legal costs issues, was pretty thin on the ground in May, certainly by comparison to the preceding few months. Nevertheless, there have still been some important decisions for us to look at. First up, we’ll start with a judgment that was actually handed down near the end Read the full article…

Herbert v HH Law Ltd Risk Assessment on success fees

Herbert v HH Law Limited and the Case for Providing a Well-Reasoned Risk Assessment

Judgement in the case of Herbert v HH Law given by Mr Justice Hoole in the Sheffield District Registry of the High Court on the 21st March this year. It upheld the earlier decisions of District Judge Bellamy. On the one hand, it was a newsworthy judgement because it was Read the full article…

Hourly rates RNB and Nash

Hourly Rates in Budgeted Costs: Where are we after RNB and Nash?

Does a reduction in hourly rates for incurred costs mean a reduction will of necessity follow for budgeted costs too at assessment? ‘Yes’ or ‘No’ seems to be the answer at the moment, as there have been decisions either way, all at first instance. In August last year Deputy Master Read the full article…

Springer v University Hospitals of Leicester NHS Trust

Springer V University Hospitals of Leicester NHS Trust

No Notification of Funding Arrangement – No Relief from Sanctions! The last few weeks of this month have seen a proliferation of important costs judgements. Over the coming days we will look in more detail at some of these, starting with Springer v University Hospitals of Leicester NHS Trust 2018 (EWCA) Civ 436 a Read the full article…

proportionality in court of protection

Proportionality and Court of Protection Costs – No Escape!

This article was written on the 8th March 2018. Here’s a trivia question for you. What other memorable event happened on that same day? We can almost hear you shouting the answer from your offices. Yes, Lord Justice Jackson’s retirement as Lord Justice of Appeal was effective as of this the 8th Read the full article…

solicitor with CPR 3.14 sanctions

CPR 3.14 – Court Fees Only? Some Practical Tips (We Hope You Don’t Have To Use!)

The case law outlining the importance of filing costs budgets on time is well known with the decision in the matter of Lakhani v Mahmud (2017) EHWC 173 being the latest to confirm the difficulty of being successful on an application for relief from sanctions. If either party does fail to file Read the full article…