More work needed on points of dispute..

Having not yet seen the full Judgment in Kjerrulf Ainsworth v Stewarts Law LLP - Ch D - Judge Klein - 26/02/2019, one might wonder if this matter would have been decided differently if it had concerned an assessment between the parties on the Standard Basis, as opposed to a Solicitor's Act assessment where the … Continue reading More work needed on points of dispute..

Circuit Judge sets out one vision for proportionality test

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

Rule changes pave the way for the Electronic Bill of Costs…

The 92nd update to the Civil Procedure Rules with The Civil Procedure (Amendment) Rules 2017 includes changes to Part 47 – Detailed Assessment Proceedings. The amendments contained in the statutory instrument came into force on 1 October 2017. The Practice Direction Making Document supporting the rule changes is to be published shortly. Rule 47.6 is … Continue reading Rule changes pave the way for the Electronic Bill of Costs…

Departing from an approved Costs Budget; doesn’t EVERY matter have some form of ‘good reason’?

The Court of Appeal decision in Harrison v University Hospitals Coventry and Warwickshire NHS Trust [2017] EWCA Civ 792 held that where there is an approved costs budget, that figure will only be departed from if there is ‘good reason’ to do so. This is in line with CPR 3.18. The key question is then, … Continue reading Departing from an approved Costs Budget; doesn’t EVERY matter have some form of ‘good reason’?

No more cliffhangers…

Two recent cases have outlined how the Court should approach incurred costs in budgeting. In Harrison v University Hospitals Coventry & Warwickshire Hospital NHS Trust [2017] EWCA Civ 792, the Court of appeal confirmed that incurred costs do not form part of the budgeting process; these are to be dealt with at detailed assessment. They … Continue reading No more cliffhangers…