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
The Court of Appeal, on 16th March, reversed the decision of Foskett J in Surrey, AH & Yesil v Doncaster and Bassetlaw Hospitals NHS Foundation Trust  EWCA Civ 451. The three cases involved medical negligence claims where the funding was switched from legal aid to conditional fee agreements shortly before the LASPO reforms came … Continue reading NHS Success!
(1) Anita Mussell (2) David Williams -v- (1) Christopher Patience (2) Veronica Patience  EWHC 430 Ch concerns a dispute in relation to the estate of the late Louis Patience for which probate was granted some 20 years prior to this decision. The claimant executors were (1) a daughter of the deceased and (2) a … Continue reading Executors comforted by costs ruling.
In the recent case of Dana Gas PJSC v Dana Gas Sukuk Ltd & Ors  EWHC 332 (Comm), the Court has given useful guidance on its approach to assessing a reasonable sum when ordering a payment on account of costs. The Fifth Defendant (BlackRock) intervened in the proceedings following the granting of an injunction in … Continue reading Court gives interim costs guidance
A recent Court of Appeal decision (Michael Radford and another v Alejandra Frade and others  EWCA Civ 119) concerning the scope of Conditional Fee Agreements highlights the need for attention to detail and the need to review complex engagement terms as a case develops. Solicitors for the Defendants/Appellants had initially agreed to act for … Continue reading Keep one eye on the retainer.
In the recent decision of Dial Partners LLP & Anor v Eastern Airways International Ltd & Ors  EWHC B1 (Costs) the Claimants’ decision to change funding from a Damages Based Agreement (DBA) to a Conditional Fee Agreement (CFA) less than 2 weeks before trial did not prevent the Claimant from seeking a full recovery … Continue reading Last minute change pays off
The case of Douglas v Ministry of Justice & Anor  EWHC B2 (Costs) concerned the death of a prisoner who had committed suicide whilst in prison. At the time of death, the prisoner was 18 years of age and serving a life sentence for murder. A claim was brought on behalf of the deceased … Continue reading Update on the recoverability of inquest costs.
The infamous case of May v Wavell Group Limited finds itself in the headlines once again following an appeal against Master Rowley’s first instance approach to proportionality. In hearing the appeal, HHJ Dight sitting with Master Whalan as assessor, found that the proportionality test had been misapplied by Master Rowley and assessed costs in the … Continue reading Circuit Judge sets out one vision for proportionality test
An interesting decision from SCCO Costs Judge, Master James in Hanley v JC & A Solicitors Limited [SCCO Ref JJ 1706056] concerning an application by a former client for the delivery up of the solicitor’s full file of papers. The Claimant was seeking to challenge the deduction of the solicitor’s fees from his damages under the … Continue reading SCCO deals blow to new CFA challenges.
The recent case of (1) Mr Philip Freeborn, (2) Ms Christina Goldie -v- Mr Daniel Robert de Almeida Marcal (t/a Dan Marcal Architects)  EWHC 3046 (TCC) concerned a party whom, in relying upon a letter from the Court, filed and served a cost budget seven days before a Case Management Conference (CMC) instead of … Continue reading The cost of opportunism.