Category: Costs

Rothwell v Rothwell: CA 9 Dec 2008

The parties, H and W had disputed ancillary relief on their divorce. After a contested hearing, and an appeal lodged, the court proposed mediation. Mediation led to an agreement, which was at first repudiated but then re-instated by H. W applied for costs after the mediation.
Held: The mediated agreement provided for no costs to be paid. That would apply also to the later vacillation.
As a matter of general law there is no doubt at all that once the parties have arrived at a compromise of litigation, the court will uphold and enforce that compromise, absent some vitiating element.

Judges:

Thorpe, Jackson LJJ

Citations:

[2008] EWCA Civ 1600, [2009] 2 FLR 96, [2009] Fam Law 388

Links:

Bailii

Jurisdiction:

England and Wales

Family, Costs

Updated: 23 July 2022; Ref: scu.291920

Hutcheson v Popdog Ltd and Another: CA 19 Dec 2011

The claimant had obtained an injunction to prevent the defendant publishing private materials regarding him. That injunction had been continued by consent but was no challenged by a third party news publisher.
Held: Leave to appeal was refused. The matter having been settled between the direct parties, it would be wrong to continue them for the benefit of a third party intervener.

Judges:

Lord Neuberger MR, Etherton, Gross LJJ

Citations:

[2011] EWCA Civ 1580

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’) HL 13-Oct-1988
Loss of Confidentiality Protection – public domain
A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations . .
See Also – Hutcheson (Formerly Known As ‘KGM’) v News Group Newspapers Ltd and Others CA 19-Jul-2011
The claimant appealed against the refusal of a privacy order, protecting his identity in his claim.
Held: The appeal was refused. That Article 8 was ‘engaged’ was not conclusive of the question whether the claimant enjoyed a reasonable . .
Applied – Practice Guidance: Interim Non-Disclosure Orders 20-May-2011
. .
Cited – Rolls-Royce plc v Unite the Union CA 14-May-2009
The parties disputed whether the inclusion of length of service within a selection matrix for redundancy purposes would amount to unlawful age discrimination. The court was asked whether it was correct to make a declaratory judgment when the case . .
Cited – Attorney-General v Newspaper Publishing Plc and Others CA 2-May-1997
A third party was in contempt of court if the proceedings had been significantly, and adversely, affected. It was not necessary that they had been frustrated entirely.
‘The law of contempt is of ancient origin yet of fundamental contemporary . .
Cited – Gawler v Raettig CA 3-Dec-2007
The parties had resolved their claims of negligence, but asked the court to set the level of contributory negligence even though the appeal was academic.
Held: The court refused leave to appeal, but stated that its judgment could be reported. . .
Cited – Bowman v Fels (Bar Council and Others intervening) CA 8-Mar-2005
The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the . .
Cited – Jockey Club v Buffham QBD 13-Sep-2002
A court had issued a final order with an injunction against the respondent against revealing matters becoming known to him during his employment by the claimant. The BBC sought a variation to allow it to broadcast material based upon that documents . .
Cited – Her Majesty’s Attorney General v Punch Limited and another HL 12-Dec-2002
A former MI5 agent, Mr Shayler, was to be prosecuted under the Official Secrets Act, and an injunction against publication was granted. The respondent published further works by Mr Shayler, and now appealed a finding that it had acted in contempt of . .
Lists of cited by and citing cases may be incomplete.

Media, Litigation Practice, Costs

Updated: 22 July 2022; Ref: scu.450107

Daly v Hubner: ChD 9 Jul 2001

Etherton J considered a wasted costs order application.
Held: The case did not satisfy the merits test in paragraph 53.6(1)(a) CPD. Etherton J considered the proportionality test in paragraph 53.6(1)(b) also. In that case the costs in issue were 75% of $98,000. The costs of the applicant for wasted costs to date were $24,000 and the costs of the respondents together so far were $46,000. Thus $70,000 so far had been spent to seek an order for $73,500. Etherton J held that the costs of pursuing the wasted costs jurisdiction were so disproportionate to the costs of the issue that even if he had been of a different view on the merits test, he would not be satisfied that the application or its further pursuit would be justified.

Judges:

Etherton J

Citations:

[2001] EWHC 530 (Ch), [2002] Lloyd’s Rep PN 461

Links:

Bailii

Statutes:

Civil Procedure Riles 53.6(1)(b)

Jurisdiction:

England and Wales

Cited by:

Cited – Media Cat Ltd v Adams and Others PCC 18-Apr-2011
The claimants had begun copyright infringement cases. Having been refused a request to be allowed to withdraw the cases as an abuse, their solicitors now faced an application for a wasted costs order.
Held: The court only has jurisdiction to . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 22 July 2022; Ref: scu.346882

Birmingham City Council v Forde: QBD 13 Jan 2009

Christopher Clarke J upheld the validity of a retrospective CFA entered into between solicitor and client on the eve of a settlement, in the knowledge that the existing arrangement might be vulnerable to challenge. The paying party alleged undue influence.
Held: The challenge was rejected. The client had been ‘prepared to assist her solicitors recover their fees despite the challenge to the validity of CFA 1’, and that it would be ‘entirely understandable for her not to seek to rely on the unattractive contention that [the solicitors] should get nothing at all for what they had done . . ‘

Judges:

Christopher Clarke J

Citations:

[2009] EWHC 12 (QB), [2009] 1 WLR 2732, [2010] 1 All ER 802, [2009] 2 Costs LR 206, [2009] NPC 7

Links:

Bailii

Citing:

Appeal from – Forde v Birmingham City Council SCCO 30-Apr-2008
. .

Cited by:

Cited – Radford and Another v Frade and Others QBD 8-Jul-2016
The court was asked as to the terms on which solicitors and Counsel were retained to act for the defendants. The appeals did not raise any issues concerning costs practice, and were by way of review of the Costs Judge’s rulings, and not by way of . .
Lists of cited by and citing cases may be incomplete.

Costs, Undue Influence

Updated: 22 July 2022; Ref: scu.279942

Wilson v Yahoo! UK Ltd and others: ChD 25 Feb 2008

Citations:

[2008] EWHC 487 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Wilson v Yahoo! UK Ltd and Another ChD 20-Feb-2008
The claimant had carried on business as ‘Mr Spicy’ selling snacks, and had obtained community trade marks for the name. He said that the defendant had allowed the infringement of his rights by allowing sainsbury’s to use the terms in their keywords . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 21 July 2022; Ref: scu.266469

Egerton v Jones: CA 1939

A mortgagee of a leasehold interest claimed that he should have been given notice of a section 146 notice served on the lessee.
Held: A mortgagee by subdemise is always at the risk of a lessor obtaining re-entry for breach of covenant without the mortgagee knowing anything about it. He is completely shut out. Every mortgagee, therefore, knows that this is the risk he runs. If, after taking a covenant from his mortgagor to observe the covenants in the lease, he takes no steps whatsoever to satisfy himself from time to time that no breach of covenant is taking place, he is always exposed to the risk that, behind his back and without his knowledge, the lessor will succeed in re-entering, and so determining the lease, with the result that all possibility of relief from forfeiture is lost to the mortgagee. That is one of the risks of the game.
Sir Wilfred Greene MR required the mortgagees had to pay the landlord’s costs on the solicitor and client basis, rather than the party and party basis, on the principle that the landlord should be indemnified against proper expenses reasonably incurred, which party and party costs would not give them.

Judges:

Sir Wilfred Greene MR, Mackinnon and Finlay LJJ

Citations:

[1939] 2 KB 702

Statutes:

Law of Property Act 1925 146

Jurisdiction:

England and Wales

Cited by:

Cited – Patel and Another v K and J Restaurants Ltd and Another CA 28-Oct-2010
The landlord appealed against refusal of forfeiture for breaches of the lease. A covenant provided against use for immoral purposes, and the sub-tenant had been found to be running a brothel. The tenant said that he had been concerned of an action . .
Cited – Daejan Investments Ltd v Benson and Others SC 6-Mar-2013
Daejan owned the freehold of a block of apartments, managing it through an agency. The tenants were members of a resident’s association. The landlord wished to carry out works, but failed to complete the consultation requirements. The court was . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Costs

Updated: 21 July 2022; Ref: scu.179899

Random House UK Ltd v Allason and others: ChD 11 Dec 2008

The now defendants had lost their action for copyright infringement, and the now claimant sought to enforce the costs order made in their favour. The defendant denied ownership of any assets, but the claimant said that various properties were held in trust for him.

Judges:

David Richards J

Citations:

[2008] EWHC 2854 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Costs, Trusts, Insolvency

Updated: 21 July 2022; Ref: scu.278968

JP Morgan Chase Bank and others v Springwell Navigation Corp: ComC 21 Nov 2008

Citations:

[2008] EWHC 2848 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation ComC 14-Mar-2005
The defendants had invested money through the claimants, but had suffered severe losses. The claimants sought a declaration that they had no liability for such losses. The defendants counterclaimed that the claimants were liable in negligence, . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation CA 20-Dec-2005
The defendants appealed against an order striking out four paragraphs of its defence and counterclaim. . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation CA 2-Mar-2006
The parties disputed the attempt to strike out part of the defendant’s claim relating to shipping losses. . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation ComC 3-Nov-2006
. .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation Comc 27-May-2008
The company alleged negligence by its financial advisers.
Held: Gloster J said that the absence of a written advisory agreement is a strong pointer against the existence of a free-standing duty of care to give investment advice.
Gloster . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation and others ComC 25-Jul-2008
. .

Cited by:

See Also – JP Morgan Chase Bank and others v Springwell Navigation Corp ComC 20-Feb-2009
The court heard an application for leave to appeal against orders. . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 21 July 2022; Ref: scu.278854

Nicholas Drukker and Co v Pridie Brewster and Co: QBD 12 Dec 2005

The Master did not have jurisdiction under section 70 of the Solicitors Act to hear wholesale allegations of professional negligence and wide ranging criticisms of a solicitor’s conduct which affected not just the individual items in the bill of costs but went to the heart of the retainer.

Judges:

Openshaw J

Citations:

[2005] EWHC 2788 (QB)

Links:

Bailii

Statutes:

Solicitors Act 1974 70

Jurisdiction:

England and Wales

Cited by:

Cited – Sibley and Co v Reachbyte Ltd and Another ChD 4-Nov-2008
Solicitors appealed against a costs order made refusing them payment of all of Leading and Junior counsel’s fees.
Held: The leading counsel involved had not provided anything like a detailed account of the time he had spent on what was a . .
Lists of cited by and citing cases may be incomplete.

Costs, Legal Professions

Updated: 21 July 2022; Ref: scu.278575

Sprecher Grier Halberstam Llp and Another v Walsh: CA 3 Dec 2008

Ward LJ said: ‘a man cannot be deceived if he knows the truth’

Judges:

Ward, Moore-Bick, Rimer LJJ

Citations:

[2008] EWCA Civ 1324, [2009] CP Rep 16, [2009] Lloyd’s Rep PN 58

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Myers v Elman HL 1939
The solicitor had successfully appealed against an order for a contribution to the other party’s legal costs, after his clerk had filed statements in court which he knew to be misleading. The solicitor’s appeal had been successful.
Held: The . .

Cited by:

Cited – Hayward v Zurich Insurance Company Plc CA 31-Mar-2015
The claimant sought damages alleging his back had been injured at work. The insurers accepted liability but said that the claimant had exaggerated the extent of his injury. The claim was settled, but later a neighbour of the claimants said that the . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 21 July 2022; Ref: scu.278410

Sanderson v Blyth Theatre Company: CA 1903

Where a party sues two or more defendants and succeeds against one but fails against one or more other defendants, the court has a discretion to order the unsuccessful defendant to pay the costs of the claimant in pursuing the successful defendant and the costs of the successful defendant or defendants.
Romer LJ said: ‘the Court has full power over the costs of all parties of such an action; and, in my opinion, it has jurisdiction to order the plaintiff to pay the costs of the defendant against whom the action fails, and to add those costs to his own to be paid by the defendant against whom the action has succeeded, and whose conduct has necessitated the action.
The costs so recovered over by the plaintiff are in no true sense damages, but are ordered to be paid by the unsuccessful defendant, on the ground that in such an action as I am considering those costs have been reasonably and properly incurred by the plaintiff as between him and the last-named defendant.
Of course, in exercising the jurisdiction, a judge should have regard to the circumstances of the case, and be satisfied that it is just that the unsuccessful defendant should, either directly or indirectly, have to pay the costs of the successful defendant.’

Judges:

Romer LJ

Citations:

[1903] 2 KB 533

Jurisdiction:

England and Wales

Cited by:

Cited – Davies v Forrett and Others QBD 23-Jun-2015
The claimant had been very severely injured as a passenger in a car (uninsured) which had attempted an overtaking manouvre past three cars. One pulled out, and the car in which he was a passenger swerved off the road and crashed. Damages were now . .
Cited – Irvine v Commissioner of Police for the Metropolis, Carillion Plc, Town and Country Flooring Limited CA 3-Feb-2005
Peter Gibson LJ said: ‘There is no doubt that the jurisdiction to make a Bullock or Sanderson order has survived the introduction of the CPR, though the exercise of discretion to make such an order must be guided by the overriding objective and the . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 21 July 2022; Ref: scu.223844

Calvert v William Hill Credit Ltd: CA 4 Jul 2008

The claimant had begun an appeal against a failure of his claim in negligence against his bookmakers saying that they should not have allowed him to lay bets. The respondents then sought interim orders as to costs which were settled, and now sought the costs of seeking those interim orders.

Judges:

Rimer LJ

Citations:

[2008] EWCA Civ 888

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See also – Calvert v William Hill Credit Ltd ChD 12-Mar-2008
The claimant said that the defendant bookmakers had been negligent in allowing him to continue betting when they should have known that he was acting under an addiction. The defendant company had a policy for achieving responsible gambling, . .

Cited by:

See Also – Calvert v William Hill Credit Ltd CA 16-Dec-2008
The claimant sought damages saying that his bookmaker had continued to accept his bets after he had made it known that he was a compulsive gambler.
Held: The bookmaker was not liable for the gambler’s losses when he failed to uphold the . .
Lists of cited by and citing cases may be incomplete.

Negligence, Costs

Updated: 19 July 2022; Ref: scu.277854

Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese Gmbh and others: TCC 31 Oct 2008

Judges:

Ramsey J

Citations:

[2008] EWHC 2657 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese Gmbh and others TCC 11-Jan-2008
. .
See Also – Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese Gmbh and others TCC 19-Sep-2008
Claim for damages after fire occuring during construction of waste plant. . .

Cited by:

See Also – Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese Gmbh and others CA 12-Nov-2008
The defendant contracted to build a plant for the claimant. The plant was damaged by a fire caused by the defendant’s independent sub-contractor. The defendant appealed against the finding that it was responsible for the sub-contractor’s failure. . .
Cited – Gregson v Hussein, CIS Insurance CA 9-Feb-2010
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 . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 19 July 2022; Ref: scu.277878

Warner v Verfides: ChD 29 Oct 2008

The deceased bankrupt’s Autralian trustees sought disclosure of documents recording his dealings in the UK. Third party Swiss lawyers now sought to intervene to say that such disclosure would breach the confidence of many of their clients. Redactions were agreed, and the court now looked to the costs.
Held: The interveners’ human rights had been engaged by the request. The court considered the technical meaning of correspondence within article 8, saying ‘To construe the term as applying only to letters still in the possession of the writer or in the process of transmission to the intended recipient appears unduly restrictive. In ordinary parlance, the term would be expected to apply to exchanges of letters in whosever hands they happened to be. ‘ and the interveners’ Article 8 rights are engaged by an application for production of documents in the hands of Verfides that were generated in the course of, or otherwise relate to, the interveners’ business activities. After initial doubts, the interveners had conducted their objections properly. Trustees and interveners were to bear their own costs.

Judges:

John Martin, QC

Citations:

[2008] EWHC 2609 (Ch)

Links:

Bailii, Times

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Wills and Probate, Insolvency, Costs, Human Rights

Updated: 19 July 2022; Ref: scu.277551

Dix v Townend and Another: SCCO 30 Jun 2008

The paying party complained that the agreement as to costs of the payee included an indemnity to be given against (potentially) a very large sum, and was champertous.
Held: Deputy Master Victoria Williams said: ‘It is not said in this case that there was any actual interference with justice . . I very much regret that I am of the view that, having considered the matters above, this agreement would to an unacceptable degree tend to create the sorts of temptations with which the public policy is concerned, and accordingly I must declare it unenforceable. Although this agreement has some features which are in the interests of justice, the nature of this particular indemnity clause being a broad, uncapped, potentially large liability apparently unsupported by a fund or insurance policy, triggered upon the loss of the case whatever the cause, places the solicitor in the position of having too much at stake.’ and ‘It would be unrealistic to expect a solicitor to keep a clear eye and an unbiased judgment, and to maintain that proper distance from the client and the litigation which it his duty to maintain, when the pressure mounts and ethical decisions are needed the consequences of which for the solicitor may be substantial personal liability under this clause.’

Judges:

Deputy Master Victoria Williams

Citations:

[2008] EWHC 90117 (Costs)

Links:

Bailii

Cited by:

Cited – Morris and Another v London Borough of Southwark QBD 5-Feb-2010
The residential tenant claimant sought damages from her council for failure to repair her flat. The counciil now objected to being asked to pay her costs, saying that the agreement with her solicitors was champertous, being a Conditional Fee . .
Lists of cited by and citing cases may be incomplete.

Costs, Legal Professions

Updated: 19 July 2022; Ref: scu.277367

Sibley and Co v Reachbyte Ltd and Another: ChD 4 Nov 2008

Solicitors appealed against a costs order made refusing them payment of all of Leading and Junior counsel’s fees.
Held: The leading counsel involved had not provided anything like a detailed account of the time he had spent on what was a complicated case. Counsel had approached the case avidly, and the solicitors had failed to restrain him. The respondents had been right in challenging the fees. The appeal was dismissed.

Judges:

Peter Smith J

Citations:

[2008] EWHC 2665 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – EPI Environmental Technologies Inc and Another v Symphony Plastic Technologies Plc and Another ChD 21-Dec-2004
The claimant had developed an additive which would assist in making plastic bags bio-degradable. They alleged that, in breach of confidentiality agreements, the defendants had copied the product. The defendants said the confidentiality agreement was . .
Mentioned – Environmental Technologies Inc (EPI) and Another v Symphony Plastic Technologies Plc and Another CA 26-Jan-2006
Alleged breach of trade secrets. . .
Cited – Eagil Trust Co Ltd v Pigott-Brown CA 1985
There is no duty on a judge, in giving his reasons, to deal with every argument presented by counsel in support of his case. When dealing with an application in chambers to strike out for want of prosecution a judge should give his reasons in . .
Cited – Attorney General of Zambia v Meer Care and Desai (A Firm) and others CA 31-Jul-2008
The defendants appealed against two orders made in proceedings by the new government of Zambia alleging various tortious conspiracies by defendants with members of the former government.
Held: Appeals by the remaining two partners in the firm . .
Cited – Piglowska v Piglowski HL 24-Jun-1999
No Presumption of House for both Parties
When looking to the needs of parties in a divorce, there is no presumption that both parties are to be left able to purchase alternative homes. The order of sub-clauses in the Act implies nothing as to their relative importance. Courts should be . .
Cited – Biogen Plc v Medeva Plc HL 31-Oct-1996
The claim patented sought to protect a genetic molecule rather than a whole mouse namely that the molecule would, if inserted into a suitable host cell, cause the cell to make antigens of the Hepatitis B virus. A recombinant method of making the . .
Cited – Smith New Court Securities Ltd v Scrimgeour Vickers HL 21-Nov-1996
The defendant had made misrepresentations, inducing the claimant to enter into share transactions which he would not otherwise have entered into, and which lost money.
Held: A deceitful wrongdoer is properly liable for all actual damage . .
Cited – Flannery and Another v Halifax Estate Agencies Ltd, Trading As Colleys Professional Services CA 18-Feb-1999
A judge at first instance taking a view on an expert’s report should give reasons in his judgment for that view. On appeal, where no reasons had been given, he should be asked to provide reasons by affidavit for the appeal. An inadequately reasoned . .
Cited – Griffiths v Evans CA 1953
The parties disputed the terms on which the solicitor had been engaged, and in particular as to the scope of the duty undertaken by and entrusted to the solicitor as regards advising the client.
Held: Where there is a dispute between a . .
Cited – Gray and Another v Buss Merton (a firm) 1999
Rougier J said: ‘It must, surely, be up to the solicitor to take the appropriate steps to clarify precisely the extent of his retainer, and this, sadly, Mr Lightfoot failed to do when, in my judgment, the circumstances demanded that he should. This . .
Cited – Nicholas Drukker and Co v Pridie Brewster and Co QBD 12-Dec-2005
The Master did not have jurisdiction under section 70 of the Solicitors Act to hear wholesale allegations of professional negligence and wide ranging criticisms of a solicitor’s conduct which affected not just the individual items in the bill of . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 19 July 2022; Ref: scu.277397

PR Records Ltd v Vinyl 2000 Limited and others: ChD 15 Jan 2008

The defendant in the main action sought a third party costs order.

Judges:

Morgan J

Citations:

[2008] EWHC 192 (Ch)

Links:

Bailii

Statutes:

Civil Procedure Rules 48.2

Jurisdiction:

England and Wales

Cited by:

Cited – Thomson v Berkhamsted Collegiate School QBD 2-Oct-2009
Costs were to be sought against third parties to the action. A pupil had taken court action against the school seeking damages, alleging that it had failed to protect him from bullying. His action was discontinued. The school now sought its costs . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 19 July 2022; Ref: scu.264442

AB and others v British Coal Corporation (Department of Trade and Industry) (Costs): QBD 27 Jun 2007

Judges:

Swift J

Citations:

[2007] EWHC 1406 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – AB and others v British Coal Corporation (Department of Trade and Industry) QBD 27-Jun-2007
The parties disputed the effect of the Claims Handling Agreement (CHA) which regulated claims for compensation for respiratory diseases incurred by people working for the defendant as regards the circumstances for claimants with chronic bronchitis. . .
See Also – AB and others v British Coal Corporation and Coal Mining Contractor Defendants QBD 22-Jun-2004
. .
See Also – AB and others v Department of Trade and Industry S/A British Coal Corporation CA 21-Dec-2005
. .
See Also – AB and others v British Coal Corporation and others CA 19-Oct-2006
A collective compensation agreement, which required affected persons to submit their claims, along with medical evidence, through authorised solicitors to be compensated on the basis of agreed damages formula, was introduced. . .
See Also – AB and others v British Coal Corporation and Another ComC 18-May-2007
. .

Cited by:

Cited – AB and others v British Coal Corporation (Rulings Appended) QBD 13-Aug-2007
. .
See Also – AB and others v British Coal Corporation ComC 15-Jan-2008
. .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 19 July 2022; Ref: scu.253713

Dardana Ltd v Yukos Oil Company: QBD 21 Dec 2001

The defendant sought to challenge the enforcement here of a foreign arbitration award. It sought security for costs.
Held: The action was not a challenge to the award itself, but rather to challenge an attempt to enforce it in England. The challenge was therefore in its nature defensive, and accordingly the courts did have power to require security for costs against the claimant.

Judges:

Chambers J

Citations:

Times 04-Feb-2002

Statutes:

Practice Direction: Arbitrations (Civil Procedure volume 2, paragraph 2B-1) 31.3, Arbitration Act 1996 103

Jurisdiction:

England and Wales

Citing:

See Also – Yukos Oil Company v Dardana Ltd CA 6-Jul-2001
The applicant had sought to have set aside an arbitral award given in Sweden. In the meantime the defendant had applied for its enforcement on an ex parte basis, and the applicant now sought leave to appeal. . .

Cited by:

Appeal from – Dardana Ltd v Yukos Oil Company CA 18-Apr-2002
The court was asked as to the appropiateness of making a split order. . .
Appeal from – Yukos Oil Company v Dardana Ltd CA 18-Apr-2002
The claimant sought to enforce an arbitration award made in Sweden, even though it had yet to give its final adjudication on the defence under the New York Convention argued by the defendant.
Held: The Act cannot have been intended to give the . .
Lists of cited by and citing cases may be incomplete.

International, Costs, Arbitration

Updated: 19 July 2022; Ref: scu.167543

Ramsay and others v Bowercross Construction Ltd and Another: EAT 14 Aug 2008

EAT PRACTICE AND PROCEDURE: Costs
Costs – whether a party can recover by way of costs counsel’s fees (yes) and those of a non legally qualified adviser, as defined in s.71 CandLSA 1990 (no). Employment Tribunal Rules 38, 40-42 considered.
Whether VAT recoverable by way of costs; point not taken below (Kumchyk).
Whether claim misconceived and if so when that ought to have been appreciated by paying party (McPherson v BNP Paribas).

Citations:

[2008] UKEAT 0534 – 07 – 1408

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Kumchyk v Derby County Council EAT 1978
The appellant sought to advance an argument that a certain term was implied into the contract of employment which, for its consideration, would have required consideration of a factual framework which had not been explored in evidence.
Held: . .
Cited – Mcpherson v BNP Paribas (London Branch) SCCO 13-Jun-2004
. .
Lists of cited by and citing cases may be incomplete.

Employment, Costs

Updated: 19 July 2022; Ref: scu.272562

In Re Burfoot and Another (Bankrupts): ChD 17 Aug 2000

A general followed by a specific assignment of book debts anticipating a bankruptcy was effective against the trustee in bankruptcy. The specific assignments were not for an undervalue, and were intended to give effect to and perfect the general assignment. The transactions would have effective in the reverse order, and should not be avoided. The assignee having failed to say how much was at stake despite repeated requests could not rely upon an assertion that he was under no obligation to disclose the figure to recover his costs despite winning the argument.

Citations:

Times 17-Aug-2000

Jurisdiction:

England and Wales

Insolvency, Costs

Updated: 19 July 2022; Ref: scu.81763

The Funding Corporation Ltd v Revenue Customs: VDT 4 Apr 2006

VDT VALUE ADDED TAX – Direction to pay costs to the successful party (the Appellant) – rule 29(1) of the VAT Tribunals Rules 1986 – whether costs should be awarded on the standard basis or alternatively on the indemnity basis – CPR rule 44.4 applied by analogy – in the light of their conduct of the litigation, the Commissioners directed to pay costs on the indemnity basis.

Citations:

[2006] UKVAT V19525

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Reid Minty (a firm) v Taylor CA 2002
New CPR govern Indemnity Costs awards
The defendant had successfully defended the main claim and now appealed against the refusal of an order for costs on an indemnity basis even though judge thought that the claimants had behaved unreasonably. He had said that some conduct deserving of . .
Lists of cited by and citing cases may be incomplete.

VAT, Costs

Updated: 18 July 2022; Ref: scu.242764

Sycamore Bidco Ltd v Breslin and Another: ChD 18 Mar 2013

Judges:

Mann J

Citations:

[2013] 4 Costs LO 572, [2013] EWHC 583 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Tate and Lyle Food Distribution Ltd v Greater London Council 1981
Forbes J considered the principles to be applied when considering the award of interest on damages between the date of the loss and the judgment: ‘Despite the way in which Lord Herschell LC in London, Chatham and Dover Railway Co v South Eastern . .
See Also – Sycamore Bidco Ltd v Breslin and Another ChD 14-Feb-2013
The court considered whether it was correct to award interest on the sum of damages for the period before as well as after judgment, and if so, from what date and at what rate of interest.. . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 18 July 2022; Ref: scu.471881

Vale of Glamorgan Council v Roberts: ChD 1 Dec 2008

Judges:

Lewison J

Citations:

[2008] EWHC 2911 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Halsey v Milton Keynes General NHS Trust etc CA 11-May-2004
The court considered the effect on costs orders of a refusal to take part in alternate dispute resolution procedures. The defendant Trust had refused to take the dispute to a mediation. In neither case had the court ordered or recommended ADR.
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 18 July 2022; Ref: scu.280039

Birmingham City Council v Lee: CA 30 Jul 2008

Costs in a housing disrepair case: ‘The question which we have to consider arises where, on receipt of that notification, the landlord promptly carries out the repairs. If he does, that will remove from the tenant’s claim in the court action subsequently brought any application for specific performance of the repairing covenant, but will, very often, leave outstanding in that action only a claim for consequential damages. It may often be the case that if the landlord had not carried out the repairs, and thus the tenant had sued for specific performance as well as for consequential damages, the effect of the Civil Procedure Rules (‘CPR’) would have been that the action was allocated to the fast track. By contrast, if the action is for the consequential damages alone, because the repairs have now been done, the action will very often fall to be allocated to the small claims track. The issue for us is this: what if any order ought to be made in such a case as to pre-allocation costs? In particular, ought some order to be made which reflects the fact that until the repairs were carried out the tenant’s claim (notified under the protocol) was for specific performance as well as for damages, and would potentially have been for allocation to the fast track ?’

Judges:

Thomas, Hughes, Rimer LJJ

Citations:

[2008] EWCA Civ 891, [2009] HLR 15, [2008] CP Rep 43

Links:

Bailii

Statutes:

Civil Procedures Rules 6

Jurisdiction:

England and Wales

Citing:

Cited – Birmingham City Council v Crook and others QBD 19-Jun-2007
Irwin J considered the enforceability of a conditional fee agreement in a test series of housing disrepair cases, recorded that he had been told that this Council almost always lost such claims brought against them, and had evidence about the . .
Lists of cited by and citing cases may be incomplete.

Costs, Housing

Updated: 18 July 2022; Ref: scu.271285

Conister Trust Ltd v John Hardman and Co: CA 21 Jul 2008

The court was asked whether an agreement by the defendant solicitors under a personal injury litigation funding scheme, to discharge a client’s ‘remaining liability’ under a loan agreement applies on its true construction where the loan agreement is unenforceable by virtue of the Consumer Credit Act 1974.
Held: In the context of the panel solicitor’s agreement in question, ‘remaining liability’ imported something which was enforceable. The creditor had no right of recovery against the solicitors.

Judges:

Lawrence Collins LJ

Citations:

[2008] EWCA Civ 841, [2009] CCLR 4

Links:

Bailii

Statutes:

Consumer Credit Act 1974

Jurisdiction:

England and Wales

Cited by:

Cited – McGuffick v The Royal Bank of Scotland Plc ComC 6-Oct-2009
Requirements for Enforcing Consumer Loan Agreement
The claimant challenged the validity of a loan agreement with his bank as a regulated consumer credit agreement. After default, the lender failed to satisfy a request for a copy of the agreement under section 77. The bank said that though it could . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs, Consumer

Updated: 17 July 2022; Ref: scu.270892

Legal Services Commission v Aaronson and others: QBD 26 May 2006

Citations:

[2006] EWHC 1231 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Legal Services Commission v Aaronson and others QBD 24-May-2006
The Commission sought to enforce an order requiring the defendant solicitors firm to produce to it all files on which bills had not yet been submitted. The defendant said that the request was in breach of an arbitration agreement. The commission . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 17 July 2022; Ref: scu.242313

Jazztel Plc v HM Revenue and Customs: CA 24 Jul 2019

This appeal raises the question of the ambit of s.234 of the Finance Act 2013, in circumstances where a Group Litigation Order has been made, the lead claimant has succeeded in a judgment at first instance and other claimants in the GLO wish to advance their claims for the recovery of tax paid on the basis of the judgment. It is common ground that s.234 inhibits such claims: the issue is on what basis and to what extent?

Citations:

[2019] EWCA Civ 1301

Links:

Bailii

Statutes:

Finance Act 2013 234

Jurisdiction:

England and Wales

Taxes Management, Costs

Updated: 17 July 2022; Ref: scu.639783

Monfared v Spire Health Care Ltd: EAT 16 Nov 2018

PRACTICE AND PROCEDURE – Costs
The Employment Appeal Tribunal (‘the EAT’) dismissed an appeal against a detailed assessment of costs by the Employment Tribunal (‘the ET’). The EAT held that, in the light of the express dispute on that assessment, the ET had not erred in law in its approach and had given adequate reasons for its decision. The EAT decided that, having regard to the terms of the Employment Tribunal Rules of Procedure 2013, and the order for the detailed assessment made by the ET in an earlier decision in the proceedings, the ET was required, on the detailed assessment, to assess the costs of proceedings including the costs of the detailed assessment, and that the ET had rightly rejected, and had given sufficient reasons for rejecting, the contention of the Claimant in the ET that the ET should have adopted some other approach to the assessment.

Citations:

[2018] UKEAT 0131 – 18 – 1611

Links:

Bailii

Statutes:

Employment Tribunal Rules of Procedure 2013

Jurisdiction:

England and Wales

Employment, Costs

Updated: 17 July 2022; Ref: scu.630736

Mavor and Coulson v Grierson: SCS 16 Jun 1892

A firm of electric contractors raised an action against a person whose house they had lighted with electricity, for pounds 169, 0s. 7d., the balance of their account. After the summons had been signeted, but before it was called, the defender offered the pursuers pounds 155 in full of their claims. This offer was refused. In the defences to the action the defender tendered the pursuers pounds 50 ‘in full of their claims in this action.’ The Court in decerning against the defender for payment to the pursuers of pounds 44, 13s. 1d., held that the defender was entitled to expenses of process.

Citations:

[1892] SLR 29 – 766

Links:

Bailii

Jurisdiction:

Scotland

Litigation Practice, Costs

Updated: 17 July 2022; Ref: scu.613531

Shah v Elliot: Misc 27 Jun 2011

The parties disputed the costs payable after a low value road traffic accident. The court set out to offer practical guidance on the calculations required.

Judges:

Platt J

Citations:

[2011] EW Misc 8

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 17 July 2022; Ref: scu.441227

Aaron v Shelton: QBD 24 May 2004

Judges:

Jack J

Citations:

[2004] EWHC 1162 (QB), [2004] 3 All ER 561, [2004] 3 Costs LR 488

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Drew v Whitbread 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, . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 17 July 2022; Ref: scu.375085

Forde v Birmingham City Council: SCCO 30 Apr 2008

Citations:

[2008] EWHC 90105 (Costs)

Links:

Bailii

Cited by:

Appeal from – Birmingham City Council v Forde QBD 13-Jan-2009
Christopher Clarke J upheld the validity of a retrospective CFA entered into between solicitor and client on the eve of a settlement, in the knowledge that the existing arrangement might be vulnerable to challenge. The paying party alleged undue . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 17 July 2022; Ref: scu.270791

Dranez and others v Hayek and others: SCCO 28 Apr 2008

Citations:

[2008] EWHC 90107 (Costs)

Links:

Bailii

Citing:

Cited – Hazlett v Sefton Metropolitan Borough Council QBD 2-Dec-1999
The need for a party claiming his costs to give evidence to prove his entitlement to costs rather than relying on the presumption in his favour, will not arise if the defendant simply puts the complainant to proof of his entitlement to costs. The . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 17 July 2022; Ref: scu.270790

Comninos v Prudential Assurance Company Ltd (The Ikarian Reefer no 2): CA 12 Oct 1999

Mr Comninos challenged the jurisdiction of the court to have made an order for costs made against him.

Judges:

Simon Brown LJ, Waller LJ, Tuckey LJ

Citations:

[1999] EWCA Civ 3019, [2000] 1 All ER 37, [1999] 2 All ER (Comm) 673, [2000] 1 Lloyd’s Rep 129, [2000] 1 WLR 603, [2000] Lloyd’s Rep IR 230, [2000] CLC 22, [2000] 1 Costs LR 37, [2000] CP Rep 13, [2000] ILPr 490

Links:

Bailii

Statutes:

Supreme Court Act 1981 51

Jurisdiction:

England and Wales

Citing:

See Also – The Ikarian Reefer CA 1995
The court reversed the decision of the trial judge that the plaintiff insured shipowners had not deliberately scuttled their vessel or cast her away: ‘(1) The burden of showing that the trial Judge was wrong lies on the appellant . . (2) When . .
See Also – National Justice Compania Naviera S A v Prudential Assurance Company Ltd (‘The Ikarian Reefer’) 1993
Cresswell J spoke of the nature of the duty owed by expert witnesses: ‘The duties and responsibilities of expert witnesses in civil cases include the following:

1. Expert evidence presented to the Court should be, and should be seen to be, the . .

Cited by:

Cited – Masri v Consolidated Contractors International Co Sal and Others HL 30-Jul-2009
The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside . .
Cited – AB v CD QBD 3-Jan-2014
The parties were contracted to each other in respect of an internet based marketing system for metals and other resources. The claimant had contracted in effect to promote the system. The claimant sought an injunction to prevent termination of . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Costs, Jurisdiction

Updated: 15 July 2022; Ref: scu.268839

Financial Ombudsman Service v Heather Moor and Edgecomb Ltd: CA 11 Jun 2008

The FOS appealed refusal of a court to award it legal costs on successfully defending claims in the County Court. It said that the cases had raised an issue of importance.

Citations:

[2008] EWCA Civ 643

Links:

Bailii

Statutes:

Financial Services and Markets Act 2000

Jurisdiction:

England and Wales

Citing:

See Also – Heather Moor and Edgecomb Ltd, Regina (on the Application Of) v Financial Ombudsman Service and Another CA 11-Jun-2008
Rix LJ considered the possible scope of rules made by the respondent saying: ‘In my judgment, the following values are all to be appreciated and brought into a pragmatic balance: that an efficient and cost-effective and relatively informal type of . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Costs

Updated: 15 July 2022; Ref: scu.268796

Davidson and Tatham (Cost Decision): FSMT 11 Oct 2006

FSMT COSTS – whether the disputed decision of the Authority was unreasonable – yes – whether the Authority acted vexatiously, frivolously or unreasonably in connection with the proceedings – no – FSMA 2000 Sch 13 para 13(1) and (2)

Citations:

[2006] UKFSM FSM040

Links:

Bailii

Jurisdiction:

England and Wales

Financial Services, Costs

Updated: 15 July 2022; Ref: scu.268219

Dahele v Thomas Bates and Sons Ltd: SCCO 17 Apr 2007

The court heard and accepted an argument that there was a lacuna in the CPR provisions relating to the uplift in counsel’s fees in the equivalent rules relating to employer’s liability claims. The rules relating to counsel’s fees unlike those dealing with solicitors, did not provide for a percentage uplift when a case settled on the day of a trial before the commencement of the hearing: ‘I accept the submission made by Mr Morgan QC that in relation to counsel’s success fees there is an intermediate stage, not available to solicitors, where ‘the claim concludes 21 days or less before the date fixed for the commencement of the trial’. This is the reference referred to in Table 7 to Rule 45.25. I accept that a case which settles on the day of the final hearing cannot be a claim which concludes 21 or any other number of days ‘before the date fixed for the commencement of the trial’. This case settled on the day of trial. Where settlement takes place on the day fixed for the commencement of the trial there is a lacuna in the Civil Procedure Rules. Counsel would get a 75 per cent success fee if the case settles up to midnight on the day before the date fixed for the hearing. Conversely, he would get 100 per cent if the judge at the commencement of the trial instructs the parties to go and settle the case as soon as it has been called into court. There would appear to be no figure prescribed by Table 7 in the period of time from one minute past midnight on the day of the trial to the time for commencement of that trial later that day.’ The court used the perceived lacuna in the provision relating to counsel’s fees to interpret ‘trial’ in the rule relating to solicitors: ‘In those circumstances I accept the submission of Mr Morgan QC that a case ‘concludes at trial’ if it settles on the day fixed for trial and Rule 45.25(1)(a) and 45.24(1)(a) must be interpreted in that way.’

Judges:

Master Haworth

Citations:

[2007] EWHC 90072 (Costs)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Amin and Another v Mullings and Another QBD 17-Feb-2011
The parties disputed the uplift applicable where a road traffic personal injury claim was settled on the day before the full trial, and whether ‘ the learned Recorder erred in holding that the claim concluded at trial because the Claimant’s claim . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 15 July 2022; Ref: scu.251790

Fosberry and Another v Revenue and Customs: VDT 28 Jul 2005

COSTS – Indemnity basis – Commissioners accepted that taxpayers’ appeal succeeded – Commissioners offered to pay taxpayers’ costs – Taxpayers applied for indemnity costs on grounds that Commissioners had changed their reasons for original decision after appeal had been lodged – Whether conduct of Commissioners so unreasonable as to warrant award of costs on indemnity basis – No – Application dismissed
COSTS – Parliamentary Answer – Successful Appellants applied unsuccessfully for indemnity costs – Commissioners sought award of their costs incurred in resisting the Appellants’ costs application – Appellants relied on Parliamentary Answer – Whether Tribunal precluded from awarding costs to the Commissioners – No – Commissioners’ application allowed

Citations:

[2005] UKVAT V19189

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Reid Minty (a firm) v Taylor CA 2002
New CPR govern Indemnity Costs awards
The defendant had successfully defended the main claim and now appealed against the refusal of an order for costs on an indemnity basis even though judge thought that the claimants had behaved unreasonably. He had said that some conduct deserving of . .

Cited by:

Appeal from – Fosberry and Another v Revenue and Customs ChD 22-May-2007
The claimant appealed against an order setting at nil his costs after the court found that his agreement with his solicitors as to payment infringed the relative regulations. . .
Lists of cited by and citing cases may be incomplete.

VAT, Costs

Updated: 15 July 2022; Ref: scu.229617

Loveday v Renton (No 2): 1992

A brief fee might include work done during the course of a trial. The appropriateness of the approach and the need for elements to be calculated according to the value at stake and the hourly expense rate are to be calculated realistically.

Judges:

Hobhouse J

Citations:

[1992] 3 All ER 184

Jurisdiction:

England and Wales

Citing:

See Also – Loveday v Renton and Wellcome Foundation Ltd 1990
Stuart-Smith LJ said that there is no ‘generally accepted standard of scientific proof.’ The court rejected epidemiological evidence presented to it. . .

Cited by:

Cited – Cantor Fitzgerald International (formerly Cantor Fitzgerald (UK) Ltd) and Another v Tradition (UK) Ltd and Others (No 2) ChD 31-Jul-2003
The costs order required payment of the claimants’ costs. The court ordered costs to be payable only for certain stages of the case, and in particular that the appellants should pay the respondents costs of the trial commencing on a specified date. . .
Cited – Jemma Trust Company Ltd v Liptrott, Forrester, Kippax Beaumont Lewis CA 24-Oct-2003
Solicitors sought to challenge an order disallowing a costs item for the administration of an estate which included a percentage of the estate.
Held: Despite advances in time recording, ‘we see no reason to say that it is no longer appropriate . .
Cited – Secretary of State for Constitutional Affairs v Stork QBD 3-Aug-2005
The barrister claimant challenged the system of payment of barristers contained in the Graduated Fees Scheme.
Held: the system imposed a new regime, and it was inappropriate to seek to impose on it ideas from previous systems of payment, . .
Lists of cited by and citing cases may be incomplete.

Costs, Legal Professions

Updated: 15 July 2022; Ref: scu.186115

In re N (A Child): FD 6 Aug 2009

Judges:

Munby J

Citations:

[2009] EWHC 2096 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – N (A Child), Re; A v G (Family Proceedings: Disclosure) FD 8-Jul-2009
Application in respect of the proposed disclosure to the General Medical Council (GMC) of an expert report produced in the course of and for the purposes of proceedings in relation to a child. . .
See Also – In re N (A Child); A v G FD 17-Jul-2009
The unmarried parents fought bitterly over residence contact with the child. . .
Cited – London Borough of Sutton v Davis (Costs) (No 2) 1994
In cases involving children costs awarded against one parent or another are exceptional since the court is anxious to avoid the situation where a parent may feel ‘punished’ by the other parent which will reduce co-operation between them. This will . .
Lists of cited by and citing cases may be incomplete.

Children, Costs

Updated: 15 July 2022; Ref: scu.372700

Baldwin (Costs Decision): FSMT 24 Jan 2006

FSMT COSTS – FSandMA 2000 Sch 13 paragraph 13 – Test of reasonableness – Whether costs to be awarded under paragraph 13(2) on ground that decision of FSA was unreasonable – No – Whether relevant conduct under paragraph 13(1) limited to conduct in the course of the proceedings – No – Whether costs to be awarded under paragraph 13(1) on ground of unreasonable conduct prior to proceedings – No

Citations:

[2006] UKFSM FSM028

Links:

Bailii

Cited by:

See Als – Baldwin v Financial Services Authority FSMT 24-Jan-2006
FSMT MARKET ABUSE – Conditions – Information not generally available to the market – Transactions in 2003 – Whether Applicants traded in shares in reliance on inside information, being information not generally . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Costs

Updated: 15 July 2022; Ref: scu.268203