The defendant firm of solicitors appealed an order for costs against it based upon a percentage calculation. They sought an issues based costs order. Held: Where there was insufficient information upon which to calculate an issues based costs order, it could be appropriate to make a percentage based order under subsection (f). Whilst issues based … Continue reading Budgen v Andrew Gardner Partnership: CA 31 Jul 2002
The defendants had started but abandoned a request against third parties, and had to pay their costs. It now sought those and its own costs from the claimant, saying that the abortive application would have been unnecessary had the claimant complied with its own disclosure obligations. The claimant said the court did not have jurisdiction … Continue reading Environment Agency v Lewin Fryer and Partners: TCC 6 Jul 2006
The claimant licensee alleged that the license contract had been repudiated by the defendant licensor. The claimant succeeded at the trial of liability. The defendant had made a payment into court. The judge was told of the payment but not of the amount. He ordered the defendant to pay the costs of the liability trial … Continue reading HSS Hire Services Group Plc v BMB Builders Merchants Ltd and Another: CA 24 May 2005
The procedure for making a wasted costs order was primarily compensatory, for costs wasted, rather than punitive for malpractice. The procedure is summary, and more in line with applications for costs made under the Civil Procedure Rules rule 44.3, rather than cases involving contempt of court. Usually there is no need for the judge in … Continue reading In re P (a Barrister) (Wasted Costs Order): CACD 23 Jul 2001
The claimant appealed against the level of costs awarded to him in succeeding in his claim for damages for personal injury following a road traffic accident. The court had found that though the claimant had succeeded, the substantial dispute had been as to the level of damages where he had been less successful, and had … Continue reading Gregson v Hussein, CIS Insurance: CA 9 Feb 2010
The personal injury claimant sought to raise on taxation, matters not put to the trial judge when making the costs order. The personal injuries case had been allocated to the multi-track. The judge at trial had awarded costs on the standard basis, but the costs judge had assessed them as if the case had been … Continue reading Drew v Whitbread: CA 9 Feb 2010