A number of law firms have recently hit the scuppers financially. This demise can likely be attributable to one issue; cashflow. The law on interim payments is simple. The court has the power, in CPR 44.2(8), when ordering a party to pay costs subject to detailed assessment, to also order the Paying Party to pay … Continue reading Never too late to ask for interim costs
Mann and Ors v Transport for London  EWCA Civ 1520. Lord Justice Lindblom on appeal from the Upper Tribunal (Lands Chamber): "The Tribunal's discretion as to costs is a deliberately broad discretion, exercisable in a wide variety of proceedings. The Rules do not contain provisions corresponding to those in the self-contained procedure in CPR … Continue reading Court of Appeal rejects attempt to inject Part 36 into Upper Tribunal Rules
The court's discretion to make a non-party costs order ("NPCO") against a director of a defendant company was considered by the Court of Appeal in Sony/ATV Music Publishing LLC and Another v WPMC Limited (In Liquidation) and Another and David Bailey  EWCA Civ 2005. The director (Mr Bailey) had taken control of WPMC Ltd … Continue reading The difference a bit of notice could make…
In Robinson -v- EMW Law LLP 2018] EWHC 1757 (Ch) Mr Justice Roth found the fact that Mr Robinson could not positively establish there was an implied agreement to pay his solicitors' fees did not leave the matter at large so that the benefit of doubt could be given to the paying party. Mr Robinson … Continue reading Presumption trumps doubt in implied retainer case.
In FPH Law (a firm) v Martyn Robert Brown (t/a Integrum Law)  EWCA Civ 1629, the defendant agreed to act for his client under the terms of a conditional fee agreement in respect of a personal injury claim that was brought against Jarvis PLC, the client's employer in 2006. In 2009, Mr Brown left … Continue reading Solicitors’ fees protected despite unenforceable CFA.
One interesting case that highlights just how far the courts are prepared to go to protect a solicitor's lien is that of Gavin Edmondson Solicitors Limited Respondent/Cross-Appellant)("Edmondson") v Haven Insurance Company (Appellant/Cross-Respondent)("Haven")  UKSC 21. The appeal arose out of Edmondson's claim against Haven for (i) wrongful inducement to Edmondson's clients to breach their retainer … Continue reading CFA Lite arrangement upheld by the Supreme Court
In a recent Judgment, the Commercial Court has given guidance to Defendants when seeking security for costs. The matter of Accident Exchange Limited & Ors v McLean & Ors  EWHC 1533 (Comm) (12 June 2018) concerned allegations of conspiracy and deceit against the Defendants, who consisted of both firms of solicitors, and their employees/officers. … Continue reading Don’t delay in getting security!
JSC BTA Bank v (1) Mukhtar Ablyazov (2) Ilyas Khrapunov  EWHC 1368 (Comm) concerns an application for full and proper disclosure of the Second Defendant’s method of funding the proceedings. Both Defendants were subject to a worldwide freezing order (WFO). The First Defendant had fled the jurisdiction and the proceedings were fought out between … Continue reading Disclosure of retainers – worldwide freezing orders.
How do you calculate an interim payment in costs managed cases? This question was answered by Deputy Judge Joanna Smith QC in Cleveland Bridge UK Limited v Sarens (UK) Limited  EWHC 827 (TCC). Ingredients: 1. An agreed or approved Costs Budget. 2. Any estimated costs that were never in fact incurred. 3. Any additional … Continue reading Recipe for interim payments
In the recent case of Marcura Equities FZE & Anor v Nisomar Ventures Ltd & Anor  EWHC 523 (QB), the court was required to consider the use of ‘without prejudice’ and ‘without prejudice save as to costs’ in determining what could be taken into consideration in deciding what order for costs to make. The … Continue reading It’s as easy as WPSATC