Category: Costs

Rex v Coventry Rent Tribunal: 1 Dec 1948

The court would not grant costs against justices or similar tribunals merely because they had made a mistake in law, but only if the tribunal had acted improperly, that is to say perversely or with some disregard of the elementary principles which every court should obey, and even then only if it was a flagrant instance.

Judges:

Lord Goddard

Citations:

Unreported, 1 December 1948

Jurisdiction:

England and Wales

Cited by:

Cited – Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham CA 27-Feb-2004
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent.
Held: The coroner, and others in a similar position . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 24 November 2022; Ref: scu.194529

Electrotec Services Limited v Issa Nicholas (Grenada) Limited: PC 27 Oct 1997

(Grenada) The Court of Appeal of Grenada in granting leave to appeal to the Judicial Committee had imposed a condition requiring security of andpound;500. The respondent then applied to the Judicial Committee for an order under its inherent jurisdiction that the appellant pay into court the sum of andpound;130,000 as security for costs,
Held: the Committee refused to make such an order. Rule 2 of the 1982 Rules which provides that an appeal shall be either with the leave of the court appealed from or with special leave granted by Her Majesty in Council. ‘It follows that notwithstanding that the case may be one in which an appeal lies as of right, the leave of the Court of Appeal must be obtained. Such leave is not, however, a matter of discretion for that court.’ and ‘It would therefore appear that the function of the Court of Appeal upon an application for leave is to satisfy itself that the case is one in which, under the Constitution of Grenada, a right of appeal exists and, if so satisfied, to consider the exercise of the power to impose conditions conferred by article 5. Leave is granted ‘in the first instance’ subject to compliance with those conditions and final leave is granted when the conditions have been complied with.’

Judges:

Lord Hoffmann

Citations:

[1997] UKPC 50, [1998] 1 WLR 202

Links:

Bailii

Statutes:

West Indies Associated States (Appeals to Privy Council) (Grenada) Order 1967 (SI 1967/224) 5, Judicial Committee (General Appellate Jurisdiction) Rules Order 1982 (SI 1982/1676) 2

Jurisdiction:

England and Wales

Cited by:

Cited – Donovan Crawford Regardless Limited Alma Crawford v Financial Institutions Services Limited PC 19-Jun-2003
PC (Jamaica) The petitioners sought leave to appeal to the Privy Council. They had an appeal as of right. They now sought special leave, complaining that the Court in Jamaca had granted leave subject to them . .
Cited – The Attorney General for St Christopher and Nevis v Rodionov PC 20-Jul-2004
(St. Christopher and Nevis) The government of Canada requested the extradition of the respondent. The Attorney General sought special leave to appeal against the order for his discharge from custody, which had been on the grounds of the prejudice . .
See Also – Electrotec Services Limited v Issa Nicholas (Grenada) Limited (2) PC 16-Feb-1998
(Grenada) . .
Lists of cited by and citing cases may be incomplete.

Costs, Constitutional

Updated: 24 November 2022; Ref: scu.184490

EMW Law Llp v Halborg: ChD 22 May 2015

Judges:

Purle QC HHJ

Citations:

[2015] EWHC 2005 (Ch), 2015] 4 Costs LO 427

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – EMW Law Llp v Halborg ChD 14-Oct-2016
The claimant solicitors had been instructed under a conditional fee agreement, to act in litigation for the defendant solicitor, himself acting for his parents and a company owned by him. Though the case was one the defendant in the case refused to . .
See Also – EMW Law Llp v Halborg ChD 4-May-2017
The defendant appealed from a decision requiring him to disclose documents which he said were held on a without prejudice basis. Mr Halborg, a solicitor, acted for his parents and a family company under a conditional fee agreement on their claim . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 23 November 2022; Ref: scu.550336

White v Express Newspapers: QBD 25 Mar 2014

Judges:

Tugendhat J

Citations:

[2014] EWHC 814 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Principle judgment – White v Express Newspapers QBD 18-Mar-2014
The defendant applied for a determination that the words complained of in the defamation action were incapable of bearing the meanings alleged. . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 23 November 2022; Ref: scu.523164

Aspin v Metric Group Ltd: CA 24 Jul 2007

Judges:

Chadwick, Wall LJJ, Blacburne J

Citations:

[2007] EWCA Civ 922

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Rolf v De Guerin CA 9-Feb-2011
The parties had disputed a building contract. A Part 36 offer had been made by the builder defendant, but the judgment was for rather less, and the judge awarded the claimant her costs.
Held: The court exercised its discretion to set aside the . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 23 November 2022; Ref: scu.259442

Barker v Hemming: 1880

Citations:

(1880) 5 QBD 609

Jurisdiction:

England and Wales

Cited by:

Cited – Sonia Burkett, Regina (on the Application of) v London Borough of Hammersmith and Fulham CA 15-Oct-2004
The appellant challenged an order for costs after dismissal of her application for judicial review of the respondent’s planning decision. The claimant had been granted legal aid at about the time of the bringing in of the new legal aid scheme. The . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 23 November 2022; Ref: scu.216501

Voice and Script International Ltd v Alghafar: CA 8 May 2003

The court has a wide discretion whether to order the assessment of costs on an indemnity basis and the court of Appeal will rarely disturb the judge’s order as to costs.
Judge LJ said: ‘By treating the absence of allocation to track as conclusive in my judgment District Judge Jenkins misdirected himself. The omission may have meant that the small claims costs regime did not follow as a virtual automatic starting point, but it did not preclude the Court even from considering whether it would be reasonable to make an assessment consistent with the small cost regime, or for that matter to apply the regime for a claim which it should never have exceeded and never was anything more than a small claim. If that approach is not expressly stated in the Civil Procedure Rules, it follows from two essential principles. First, the discretionary nature of costs orders; and secondly, the overriding requirement of proportionality in civil litigation generally and also as an essential agreement for consideration when any question of costs arises. See Home Office v Lownds [2002] EWCA 365.’

Judges:

Judge LJ

Citations:

[2003] EWCA Civ 736

Links:

Bailii

Statutes:

Civil Procedure Rules 44.4.2

Jurisdiction:

England and Wales

Cited by:

Cited – John Louis Carter Fourie v Allan Le Roux and others CA 7-Mar-2005
The defendant’s company in South Africa had become insolvent and the claimant had recovered judgment for arrears of rent. They obtained a freezing order against the defendant. The defendant appealed saying the court did not have jurisdiction, and . .
Cited – O’Beirne v Hudson CA 9-Feb-2010
The matter had been settled by a consent order providing for costs on a standard basis, however the costs judge had decided that the matter would if it had proceeded, have been allocated to the small claims track, and therefore limited his costs . .
Lists of cited by and citing cases may be incomplete.

Contract, Costs

Updated: 23 November 2022; Ref: scu.182596

Levy v Legal Aid Board: ChD 24 Feb 2000

Although an order for costs might in some circumstances not be provable in an insolvency, that did not prevent a statutory demand based upon that debt. Whether it was provable would become clear in the later insolvency proceedings. The court had a discretion to found a petition on an unproveable debt where there were special circumstances such as, for example other debts which were provable.

Citations:

Gazette 24-Feb-2000, Gazette 16-Mar-2000

Statutes:

Insolvency Rules 1986/1925 12 3 (2) (a)

Jurisdiction:

England and Wales

Costs, Legal Aid, Insolvency

Updated: 22 November 2022; Ref: scu.83037

ACC and Others (Property and Affairs Deputy ; Recovering Assets Costs for Legal Proceedings): CoP 27 Feb 2020

The common issue in each matter is whether, and in what circumstances, the deputy can recover from the protected person’s assets costs which have been or are likely to be incurred in legal proceedings.

Judges:

Her Honour Judge Hilder

Citations:

[2020] EWCOP 9

Links:

Bailii

Statutes:

Mental Capacity Act 2005

Jurisdiction:

England and Wales

Health, Costs

Updated: 22 November 2022; Ref: scu.650599

London Luton Hotel BPRA Property Fund Llp v Revenue and Customs (Procedure : Application for Costs): FTTTx 12 Dec 2019

PROCEDURE – Appellant’s application for costs – Complex category appeal – Appellant opted out of cost shifting regime – Whether respondents acted ‘unreasonably’ in conduct of proceedings – No – Application dismissed

Citations:

[2019] UKFTT 746 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 22 November 2022; Ref: scu.646931

Antonelli v Allen and Another: CA 16 Oct 2001

Application for security for costs of an appeal.

Citations:

[2001] EWCA Civ 1563

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Antonelli v Allen and Another ChD 8-Dec-2000
When a court considered the apportionment of costs, where the claimant was successful but only in respect of some of the heads of claim, the court should consider the following: the reasonableness of the successful party in taking the points on . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 22 November 2022; Ref: scu.201368

Sukul-Lennard v Croydon Primary Care Trust: CA 22 Jul 2003

Citations:

[2003] EWCA Civ 1193

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Sukui-Lennard v Croydon Primary Healthcare Trust CA 22-Jul-2003
The appellant sought to appeal a striking out of her complaint of race discrimination. She appealed from the Employment Appeal Tribunal which had rejected her appeal in its preliminary hearing procedure.
Held: The Court of Appeal had the power . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 20 November 2022; Ref: scu.185533

Dempsey v Johnstone: CA 30 Jul 2003

The solicitors appealed against a wasted costs order.

Judges:

Lord Justice Aldous Lord Justice Mance Lord Justice Latham

Citations:

[2003] EWCA Civ 1134, [2004] 1 Costs LR 41, [2004] PNLR 2

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 . .
Application for leave to appeal – Persaud and Another v Persaud and others CA 6-Mar-2003
. .
Lists of cited by and citing cases may be incomplete.

Costs, Legal Professions

Updated: 20 November 2022; Ref: scu.185245

DK, KR, CGE, DHM, PS, RM, DJ, GOM v Bryn Alyn Community (Holdings) Ltd (In Liquidation) and Royal and Sun Alliance PLC: CA 22 May 2003

Judges:

Lord Justice Auld, Lord Justice Waller And Lord Justice Mantell

Citations:

[2003] EWCA Civ 782

Links:

Bailii

Statutes:

Civil Procedure Rules 36

Jurisdiction:

England and Wales

Citing:

See Also – KR and others v Bryn Alyn Community (Holdings) Ltd and Another CA 12-Feb-2003
The respondent appealed decisions by the court to allow claims for personal injury out of time. The claims involved cases of sexual abuse inflicted by its employees going back over many years.
Held: The judge had misapplied the test laid down . .
See Also – Rowlands and others v Bryn Alyn Community (Holdings) Ltd and Royal and Sun Alliance Plc CA 24-Mar-2003
. .

Cited by:

See Also – KR and others v Bryn Alyn Community (Holdings) Ltd and Another CA 10-Jun-2003
The court considered an extension of the time for claiming damages for personal injuries after the claimants said they had been sexually abused as children in the care of the defendants.
Held: The test to be applied under section 14(2) was . .
Lists of cited by and citing cases may be incomplete.

Civil Procedure Rules, Costs

Updated: 20 November 2022; Ref: scu.183840

Crosbie v Munroe, Motor Insurer’s Bureau: CA 14 Mar 2003

The claim had been settled before action, and costs only proceedings had been instigated. He appealed a decision as to the award of costs in that case. The question was whether the phrase ‘the proceedings which gave rise to the assessment proceedings’ referred to the only actual proceedings, the costs claim, or to the settled claim.
Held: CPR 47.19 does not contain any simple mechanism for deciding how the costs of the assessment proceedings should fall if the offer is accepted or refused (when with hindsight it should have been accepted). 44.12A had been introduced to deal with costs only cases. Until the time the substantive claim is settled, the ‘proceedings’ relate to liability and the amount of any compensation. After the substantive claim is settled, the ‘proceedings’ relate to the assessment of the costs the paying party has to pay.

Judges:

Lord Justice Schiemann, Lord Justice Brooke and Lord Justice Jonathan Parker

Citations:

[2003] EWCA Civ 350, Times 25-Mar-2003, Gazette 22-May-2003, [2003] RTR 33, [2003] CP Rep 43, [2003] 1 WLR 2033, [2003] 2 All ER 856, [2003] 3 Costs LR 377

Links:

Bailii

Statutes:

Civil Procedure Rules 44.12A

Jurisdiction:

England and Wales

Citing:

Cited – Callery v Gray, Russell v Pal Pak Corrugated Ltd (No 1) CA 18-Jul-2001
Claimants in modest, straightforward personal injury claims cases should have re-imbursed to them by the defendant, the cost of after the event insurance, if necessary by costs only proceedings. The solicitor’s success fee should also be recovered. . .
Lists of cited by and citing cases may be incomplete.

Costs, Civil Procedure Rules

Updated: 20 November 2022; Ref: scu.179776

East West Corporation v DKBS 1912 and Another: ComC 27 Feb 2002

‘The purpose of the award of an enhanced rate of interest or indemnity costs is to encourage parties to make offers of settlement in the ordinary sense of that word. It is to compensate the claimant who has made an offer that should have been accepted for the risk of continuing with the action and to bring home to the defendant the risks being run by not accepting it.’

Judges:

Thomas J

Citations:

[2002] EWHC 253 (Comm), [2003] 1 Lloyd’s Rep 239

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See also – East West Corporation v DKBS 1912 and Another ComC 7-Feb-2002
. .

Cited by:

See also – East West Corporation v DKBS 1912 and Another ComC 7-Feb-2002
. .
Appeal from – P and O Nedlloyd B v Dampskibsselskabet Af, 1912, Aktieselskab, Aktieselskabet Dampskibsselskabet Svendborg v Utaniko Limited, East West Corporation CA 12-Feb-2003
The claimants shipped goods to Chile through the defendant shipping line. The goods were lost. The shippers rights of suit under the contract of carriage had been transferred to a third party.
Held: The shippers as the bank’s principals . .
Cited – DSN v Blackpool Football Club Ltd QBD 20-Mar-2020
Indemnity costs award on ADR refusal
The claimant succeeded in his claim for damages for historic sexual abuse, and recovered more than his rejected offer for settlement. He now claimed his costs on an indemnity basis.
Held: ‘It is correct that an order for indemnity costs means . .
Lists of cited by and citing cases may be incomplete.

Transport, Damages, Costs

Updated: 20 November 2022; Ref: scu.178914

John Watt, Jun v John Ligertwood and William Daniel: HL 21 Apr 1874

A petitioner’s agent in a Sheriff Court carried off the petition against the wish of the Sheriff. The Sheriff granted a caption for recovery of the petition, without giving the agent notice, and the agent was imprisoned. In an action of damages for wrongous issue of a process caption, against the Sheriff-Clerk and his Deputy,- Held (affirming decision of Second Division), that the Sheriff had acted regularly in granting a warrant to imprison the agent, and that no notice was necessary in the circumstances.
Judgment altered so far as to give the respondents their costs-no costs having been given in the Court of Session.

Judges:

Lord Chancellor Cairns, Lords Chelmsford and Selborne

Citations:

[1874] UKHL 491, 11 SLR 491

Links:

Bailii

Jurisdiction:

Scotland

Costs

Updated: 20 November 2022; Ref: scu.650215

OMV Petrom Sa v Glencore International Ag: CA 27 Mar 2017

This appeal raises a straightforward but important point concerning the interest that the court may award when a claimant’s CPR Part 36 offer is rejected, but the claimant achieves a greater award at trial.
Sir Geoffrey Vos C said: ‘The parties are obliged to make reasonable efforts to settle, and to respond properly to Part 36 offers made by the other side. The regime of sanctions and rewards has been introduced to incentivise parties to behave reasonably, and if they do not, the court’s powers can be expected to be used to their disadvantage. The parties are obliged to conduct litigation collaboratively and to engage constructively in a settlement process.’

Judges:

Sir Geoffrey Vos Ch, Kitchin, Floyd LJJ

Citations:

[2017] EWCA Civ 195, [2017] WLR(D) 218, [2017] 1 WLR 3465, [2017] 2 Costs LR 287, [2017] CP Rep 24, [2017] 2 Lloyd’s Rep 93

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

Appeal from – OMV Petrom Sa v Glencore International Ag ComC 7-Feb-2014
The claimant sought to have struck out as abuse of process parts of the defence, saying that the factual issues raised had already been resolved in arbitration proceedings, but as against a different oarty. The defendant replied that the arbitration . .
Appeal from – OMV Petrom Sa v Glencore International Ag ComC 13-Mar-2015
. .
See Also – OMV Petrom Sa v Glencore International Ag CA 21-Jul-2016
‘This case concerns the measure of damages for deceit.’ . .
Lists of cited by and citing cases may be incomplete.

Damages, Costs

Updated: 20 November 2022; Ref: scu.581132

Macinnes v Gross: QBD 3 Feb 2017

Application of costs budget

Judges:

Coulson J

Citations:

[2017] EWHC 127 (QB), [2017] 4 WLR 49, [2017] WLR(D) 83, [2017] 2 Costs LR 243

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – DSN v Blackpool Football Club Ltd QBD 20-Mar-2020
Indemnity costs award on ADR refusal
The claimant succeeded in his claim for damages for historic sexual abuse, and recovered more than his rejected offer for settlement. He now claimed his costs on an indemnity basis.
Held: ‘It is correct that an order for indemnity costs means . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 20 November 2022; Ref: scu.573861

Mengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others: CA 14 Aug 2013

The solicitors appealed against the making of a wasted costs order against them.

Judges:

Arden, Patten, McFalrlane LJJ

Citations:

[2013] EWCA Civ 1003, [2013] WLR(D) 337

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Mengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others (Experts) ChD 22-Mar-2013
Consideration of the protocol for the instruction of experts . .
See Also – Mengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others (Jurisdiction) ChD 22-Mar-2013
The case was broght in respect of a foundation in Ethiopia; the parties were alll Ethiopian, the assets and the law. The defendants disputed that the English court had jurisdiction. . .
See Also – Mengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others ChD 25-Mar-2013
Application for leave to appeal – refused. . .
See Also – Mengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others ChD 26-Mar-2013
The defendants were seeking an order for wasted costs against the solicitors for the claimants. The claimants had requested the judge to recuse himself from hearing that complaint. He now gave his reasons for refusing that request. . .
See Also – Mengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others ChD 1-May-2013
Judgment on wasted costs after findings critical of an expert witness. . .

Cited by:

Cited – Mengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others ChD 11-Dec-2014
The Claimants asserted that judgments in Ethiopia were obtained by perjury and fraudulent means in particular by the deliberate withholding of material evidence. They also claimed that the Ethiopian Courts were biased against them. . .
See Also – Mengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others CA 11-Nov-2015
Appeal against refusal to lift a stay on the proceedings. . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 20 November 2022; Ref: scu.514396

Mengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others: ChD 1 May 2013

Judgment on wasted costs after findings critical of an expert witness.

Judges:

Peter Smith J

Citations:

[2013] EWHC 1087 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Mengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others (Experts) ChD 22-Mar-2013
Consideration of the protocol for the instruction of experts . .
See Also – Mengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others (Jurisdiction) ChD 22-Mar-2013
The case was broght in respect of a foundation in Ethiopia; the parties were alll Ethiopian, the assets and the law. The defendants disputed that the English court had jurisdiction. . .
See Also – Mengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others ChD 25-Mar-2013
Application for leave to appeal – refused. . .
See Also – Mengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others ChD 26-Mar-2013
The defendants were seeking an order for wasted costs against the solicitors for the claimants. The claimants had requested the judge to recuse himself from hearing that complaint. He now gave his reasons for refusing that request. . .

Cited by:

See Also – Mengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others CA 14-Aug-2013
The solicitors appealed against the making of a wasted costs order against them. . .
See Also – Mengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others ChD 11-Dec-2014
The Claimants asserted that judgments in Ethiopia were obtained by perjury and fraudulent means in particular by the deliberate withholding of material evidence. They also claimed that the Ethiopian Courts were biased against them. . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 20 November 2022; Ref: scu.491844

Mengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others: ChD 26 Mar 2013

The defendants were seeking an order for wasted costs against the solicitors for the claimants. The claimants had requested the judge to recuse himself from hearing that complaint. He now gave his reasons for refusing that request.

Judges:

Peter Smith J

Citations:

[2013] EWHC 857 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Phillips, Harland (Suing As Administrators of the Estate of Christo Michailidis), Papadimitriou v Symes (A Bankrupt) Robin Symes Limited (In Administrative Receivership) Jean-Louis Domercq ChD 20-Oct-2004
Dr Z had given expert evidence in the principal proceedings. It was now said that that evidence had not been given in the proper way, and a remedy was now sought in costs.
Peter Smith J had held that: ‘It seems to me that in the administration . .
Cited – Symphony Group Plc v Hodgson CA 4-May-1993
A section 51 non-party costs application should not be used as a substitute for the pursuit of a related cause of action against the non-party in ordinary proceedings. Nine rules were set out for allowing a costs order against someone who is not a . .
See Also – Mengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others (Experts) ChD 22-Mar-2013
Consideration of the protocol for the instruction of experts . .
See Also – Mengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others (Jurisdiction) ChD 22-Mar-2013
The case was broght in respect of a foundation in Ethiopia; the parties were alll Ethiopian, the assets and the law. The defendants disputed that the English court had jurisdiction. . .
See Also – Mengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others ChD 25-Mar-2013
Application for leave to appeal – refused. . .

Cited by:

See Also – Mengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others ChD 1-May-2013
Judgment on wasted costs after findings critical of an expert witness. . .
See Also – Mengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others CA 14-Aug-2013
The solicitors appealed against the making of a wasted costs order against them. . .
See Also – Mengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others ChD 11-Dec-2014
The Claimants asserted that judgments in Ethiopia were obtained by perjury and fraudulent means in particular by the deliberate withholding of material evidence. They also claimed that the Ethiopian Courts were biased against them. . .
See Also – Mengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others CA 11-Nov-2015
Appeal against refusal to lift a stay on the proceedings. . .
Lists of cited by and citing cases may be incomplete.

Costs, Litigation Practice

Updated: 20 November 2022; Ref: scu.472644

Ahmad v London Borough of Brent and Others: QBD 25 Feb 2011

Judges:

Supperstone J

Citations:

[2011] EWHC 378 (QB), [2011] 5 Costs LR 735

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Lockley v National Blood Transfusion Service CA 1992
There was an interlocutory dispute over the granting of an extension of time for service of the defence. The legally aided plaintiff challenged the costs orders made by the district registrar and the judge. Each ordered that the costs be the . .
Cited – Morgan and Another v Ministry of Justice and Another QBD 18-Oct-2010
The court was asked as to the determination is the costs of the trial of the preliminary issues and other costs incurred in relation thereto. . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 19 November 2022; Ref: scu.430248

Thornley v Ministry of Defence: QBD 14 Oct 2010

Costs appeal against a number of decisions made by DJ Bedford, the Regional Costs Judge for Leeds during the course of a detailed assessment of the Claimant’s costs following the settlement of his personal injury claim.

Judges:

Behrens J

Citations:

[2010] EWHC B24 (QB), [2010] EWHC 2584 (QB), [2011] PIQR Q1

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Costs

Updated: 19 November 2022; Ref: scu.425791

Excelsior Commercial and Industrial Holdings Ltd v Salisbury Hammer Aspden and Johnson (A Firm): CA 12 Jun 2002

The court was asked as to when it is appropriate to order costs on an indemnity basis. Waller LJ said: ‘The question will always be: is there something in the conduct of the action or the circumstances of the case which takes the case out of the norm in a way which justifies an order for indemnity costs?’

Judges:

Waller LJ

Citations:

[2002] All ER (D) 39 (Jun), [2002] EWCA Civ 879, [2002] CP Rep 67, [2002] CPLR 693

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Excelsior Commercial and Industrial Holdings Ltd v Salisbury Hammer Aspden and Johnson (A Firm) and others CA 30-Nov-2001
. .
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:

Cited – Three Rivers District Council and others v The Governor and Company of the Bank of England ComC 12-Apr-2006
The claimants had pursued compensation over many years from the defendants alleging various kinds of misfeasance in regulating the bank BCCI. The action had collapsed.
Held: ‘this was extraordinary litigation which came to an abrupt albeit . .
Cited – Franses v Al Assad and others ChD 26-Oct-2007
The claimant had obtained a freezing order over the proceeds of sale of a property held by solicitors. The claimant was liquidator of a company, and an allegation of wrongful trading had been made against the sole director and defendant. The . .
Cited – Wakefield (T/A Wills Probate and Trusts of Weybridge) v Ford and Another QBD 29-Jan-2009
The claimant, who advised in the preparation of wills, claimed in defamation against the defendant solicitors saying in a letter to another firm of solicitors that he had admitted negligence. There had been a ruling that the occasion had qualified . .
Cited – Elvanite Full Circle Ltd v AMEC Earth and Environmental (UK) Ltd TCC 14-Jun-2013
Following the proncipal judgment there were disputes as to the basis of assessment of costs and the interaction between the existing costs management order (which approved the defendant’s budget costs of andpound;264,708) and the total costs now . .
Cited – DSN v Blackpool Football Club Ltd QBD 20-Mar-2020
Indemnity costs award on ADR refusal
The claimant succeeded in his claim for damages for historic sexual abuse, and recovered more than his rejected offer for settlement. He now claimed his costs on an indemnity basis.
Held: ‘It is correct that an order for indemnity costs means . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 19 November 2022; Ref: scu.239607

Koshy v Deg-Deutsche Investitions – Undentwicklungs Gesellschaft Gmbh: CA 24 Nov 2003

One party had been ordered to pay the costs of an unsuccessful attempt to discharge injunctions and strike out the action. The applications failed (badly) and the costs were ordered to be taxed and paid forthwith. Later there was a trial, and the previously unsuccessful party succeeded. That party then sought to appeal the original costs judgment out of time. The application failed.
Held: Mummery LJ observed: ‘The unusual feature of the case is that a successful defendant seeks, after final judgment in the action, to set aside and reverse on appeal an interlocutory order made before trial. I do not say that this is impossible in principle, but it is certainly a most unusual form of appeal in practice. In most cases interlocutory orders made in the course of proceedings cease to have any independent practical significance after the proceedings have been tried and final judgment entered. A court would not normally entertain an appeal after final judgment, attempting to reopen a costs order made inter partes at an interlocutory stage on the ground that the facts as found by the trial judge were different from what they were alleged to be at the date of the interlocutory order.’ and ‘ I have reached the conclusion that the appeal should be dismissed, though with some hesitation, as I do not regard the result as entirely fair or satisfactory.
‘ I start from the position that this is in substance an attempt, after the trial is over and in the light of the results of the trial and the findings made at it, to re-litigate an interlocutory costs order. No court, whether on an application to set aside at first instance or by way of appeal, is receptive to such an application. It is bound to be a difficult exercise for the court to review the exercise of a discretion made at an early stage where not all the evidence is available or all the facts known or even all the issues identified. As for the parties, more time will be taken up and additional costs incurred.
Harman J had exercised his discretion on the costs of the hearing to set aside freezing orders by taking into account all the circumstances of the applications. The court would not normally interfere with his discretion on costs unless it could be demonstrated that he had taken a wrong approach to the exercise of his discretion or had made an order which was plainly wrong.
This court is being asked to interfere with the exercise of his discretion on a very different basis. It is not being asked to look at all the circumstances in which he exercised his discretion or at his approach or at the result at the time of the order, but at one circumstance only: namely a comparison between (a) the affidavit evidence placed before Harman J. on the ex parte application for the freezing orders and the applications to set them aside on the issue of DEG obtaining knowledge about the profits made by Lasco and Mr Koshy; and (b) the findings of Rimer J. on that issue at the trial.
. . What this court is being asked to do is to cancel an order for costs, which was made in the exercise of the discretion by having regard to all the circumstances at that time, solely on the basis of what has transpired at the trial on an issue of disputed fact. . . in my judgment, it would be wrong and potentially unfair to DEG in these circumstances for the court to set aside the costs order made by Harman J. If the exercise of discretion is to be reviewed in circumstances of an alleged material non-disclosure with a view to making a different order for costs, it can only be fairly and satisfactorily done in this case by an application at first instance, in which the issues of fact are defined and on which evidence can be adduced by both sides about the circumstances in which the orders were made, including orders for costs.’

Judges:

Lady Justice Hale Lord Justice Mummery Lord Justice Carnwath

Citations:

[2003] EWCA Civ 1718

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Deg-Deutsche Investitions – Undentwicklungs Gesellschaft Gmbh v Thomas Koshy ChD 13-Dec-2004
The parties had been involved in protracted litigation where a freezing order had been made to support a claim which was eventually dismissed. The claimant sought to have set aside an earlier order made ordering him to pay costs on failing to have . .
See Also – Koshy v Deg-Deutsche Investitions-Und Entwicklungsgesellschaft Mbh ChD 20-Jan-2006
. .
See Also – Koshy v Deg-Deutsche Investitions-Und Entwicklungsgesellschaft Mbh and Another CA 5-Feb-2008
Application to set aside earlier order saying that it had been obtained by fraudulent misrepresentation or false evidence . .
Cited – Business Environment Bow Lane Ltd v Deanwater Estates Ltd ChD 31-Jul-2009
The court was asked ‘Where a claimant has picked up one or more costs orders in its favour on the way to a trial, but fails very badly at the trial (for example due to exaggeration), can the costs judge assess those costs at nil on the footing that . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Costs

Updated: 19 November 2022; Ref: scu.188256

BCT Software Solutions Ltd v C Brewer and Sons Ltd: CA 11 Jul 2003

A copyright infringement case had been settled, but the court was to quantify and apportion costs. Some andpound;700,000 having been spent when the damages amounted to andpound;10,000.
Held: Denne did not oust the court’s jurisdiction to hear an appeal. It is not open to the appellant to complain that the judge set out to do what both parties had asked him to do – that is to say, to make an order about costs and to decide what order to make on the material before him and without determining disputed facts. It was difficult to see what other approach (than a broad brush approach) could have been pursued by the judge. In every case, the first question for the court was whether it could make an order about costs under the rule, in the absence of agreed or adjudicated facts on which to decide the question.

Judges:

Lord Justice Brooke, Lord Justice Mummery And Lord Justice Chadwick

Citations:

[2003] EWCA Civ 939, Gazette 18-Sep-2003

Links:

Bailii

Statutes:

Civil Procedure Rules 44.3(2)

Jurisdiction:

England and Wales

Citing:

Doubted – Denne v Denne 1977
Where the parties, having settled their case, agreed for a costs judge to fix the costs, there was no appeal from his judgment. . .
Cited – Brawley v Marizynski (No 1) CA 2002
There is no convention that an order for no costs should be made whenever the court is asked to decide costs on the settlement of the matter where it was difficult to discern who had one in any conventional sense. . .
Cited – AEI Redifusion Ltd v PPL 1999
The court described the appellate function in relation to the exrecise of judicial discretion on costs.
Held: ‘Before the court can interfere it must be shown that the judge has either erred in principle in his approach or has left out of . .

Cited by:

Cited – Promar International Ltd v Clarke CA 4-Apr-2006
Breach of post employment restrictive covenant. . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 19 November 2022; Ref: scu.184451

Gwembe Valley Development Co Ltd (In Receivership) v Koshy and Others (No 2): ChD 30 Mar 2000

The new Civil Procedure Rules had not substantially affected the rules on costs following the event of a trial. The discretion in a judge as to the order for costs had been correctly stated in Elgindata, and approved in Phonographic Performance Ltd v AEI Rediffusion Music Ltd.

Citations:

Times 30-Mar-2000

Jurisdiction:

England and Wales

Citing:

See Also – Gwembe Valley Development Co Ltd (In Receivership) v Koshy and Others ChD 8-Feb-2000
A company could give several people the power to appoint a receiver in respect of different elements of its assets. If this was done there was no fundamental reason why such appointments should not be put in effect. The appointment of one receiver . .
See Also – Gwembe Valley Development Company Ltd v Koshy and Another CA 25-Jul-2001
Application to amend order under slip rule. . .

Cited by:

Cited – Amber v Stacey CA 15-Nov-2000
The defendant challenged an order that he should pay the plaintiff’s costs, having made an offer in correspondence which was not accepted.
Held: The claimant had exaggerated his claim, but the defendant’s offer had been inadequate. The judge’s . .
See Also – Gwembe Valley Development Co Ltd (In Receivership) v Koshy and Others ChD 8-Feb-2000
A company could give several people the power to appoint a receiver in respect of different elements of its assets. If this was done there was no fundamental reason why such appointments should not be put in effect. The appointment of one receiver . .
See Also – Gwembe Valley Development Company Ltd v Koshy and Another CA 25-Jul-2001
Application to amend order under slip rule. . .
Lists of cited by and citing cases may be incomplete.

Costs, Civil Procedure Rules

Updated: 19 November 2022; Ref: scu.81097

McPhilemy v Times Newspapers Ltd; Liam Clarke and and Andrew Neil (No 3): CA 12 Jun 2001

In defamation proceedings the defendant had invited one issue to be left to the jury. After losing the case, the defendant sought to appeal, arguing that the jury’s verdict was perverse. It was held that such an appeal amounted to an abuse of process, and if allowed, would bring the administration of justice into disrepute. The issue was central to the judgment. The admission that the issue was referred to the jury by the defendant’s mistake, because there was only one proper verdict, but that could not allow the reversal of an express request to the judge to put that issue to the jury.
Chadwick LJ said: ‘The purpose for which the power to order the payment of costs on an indemnity basis is conferred, as it seems to me, is to enable the court, in a case to which CPR 36.21 applies, to address the element of perceived unfairness which arises from the fact that an award of costs on the standard basis will, almost invariably, lead to the successful claimant recovering less than the costs which he has to pay to his solicitor.’

Judges:

Lord Justice Simon Brown, Lord Justice Chadwick, Lord Justice Longmore

Citations:

Times 19-Jun-2001, [2001] EWCA Civ 933, [2001] 4 All ER 861, [2002] CP Rep 9, [2002] 1 WLR 934, [2001] EMLR 35, [2001] 2 Costs LR 295

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See also – McPhilemy v Times Newspapers Ltd and Others (2) CA 26-May-1999
The new Civil Procedure Rules did not change the circumstances where the Court of Appeal would interfere with a first instance decision, but would apply the new rules on that decision. Very extensive pleadings in defamation cases should now be . .
See also – McPhilemy v Times Newspapers Ltd (No 4) CA 3-Jul-2001
The fact that a defendant had not acted unreasonably in pursuing a case after an offer of settlement, was not a reason for not awarding costs to be paid on an indemnity basis. Such an award had no penal element, and did not first require any . .
See also – McPhilemy v Times Newspapers Limited; Clarke and Neil (1) CA 25-Nov-1998
. .
See Also – McPhilemy v Times Newspapers Ltd and Others CA 7-Jun-2000
The new civil procedure rules did not change the basic rules of evidence. The old rule prevented a party putting in evidence a witness statement which he knew conflicted substantially with the case he wished to place before the jury, and then be . .
See Also – McPhilemy v Times Newspapers Ltd and others CA 12-Jun-2001
. .

Cited by:

See Also – McPhilemy v Times Newspapers Ltd (No 4) CA 3-Jul-2001
The fact that a defendant had not acted unreasonably in pursuing a case after an offer of settlement, was not a reason for not awarding costs to be paid on an indemnity basis. Such an award had no penal element, and did not first require any . .
Lists of cited by and citing cases may be incomplete.

Defamation, Litigation Practice, Costs

Updated: 19 November 2022; Ref: scu.83584

Mr H TV Ltd v Archerfield Partners Llp: QBD 20 Jan 2021

Application for permission to appeal against a decision that a detailed assessment of the costs incurred by the claimant was dispensed with because the claimant, through its director, had given appropriate informed consent to the costs of the solicitors being pounds 3.6m.

Citations:

[2021] EWHC 575 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 19 November 2022; Ref: scu.659676

Birmingham City Council v Afsar and Others: QBD 8 Apr 2020

Post judgment applications raising issues about whether one of the injunctions contained in the Annex to the Final Order should be continued, whether two others should be varied, and whether the Trial Judgment should be amended.

Judges:

Warby J

Citations:

[2020] EWHC 864 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Birmingham City Council v Afsar and Others QBD 18-Jun-2019
The Council sought an interim order restraining a protest outside one of it junior schools against the teaching of certain matters relating to sexual behaviour, sexuality, and gender. The named defendants and, it would appear, a significant . .
See Also – Birmingham City Council v Afsar and Others QBD 25-Jun-2019
Reason for grant of injunction to restrain demonstrations outside a school. . .
See Also – Birmingham City Council v Afsar and Others QBD 26-Nov-2019
Claim for injunctions to restrict street protests about a school, and to prohibit online abuse of teachers at that school . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Costs

Updated: 19 November 2022; Ref: scu.650084

Master Data Center Inc v The Comptroller General of Patents (Costs): PatC 11 Mar 2020

Citations:

[2020] EWHC 601 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Master Data Center Inc v The Comptroller General of Patents PatC 11-Mar-2020
Supplementary Protection Certificates . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Costs

Updated: 19 November 2022; Ref: scu.649971

Orton v Truro Crown Court and Another: Admn 21 Jan 2009

An application had been made under section 298 of the 2002 Act for the forfeiture of cash. The application had been dismissed by the magistrates’ court, but they also refused order the defendant’s costs. The police appealed to the Crown Court against the magistrates’ refusal to make a forfeiture order. Their appeal was dismissed, but the Crown Court also refused to make any order for costs. The Crown Court judge explained the refusal to order the police to pay Mr Orton’s costs as follows: ‘My recollection is that we refused the respondent’s costs because he had done little or nothing to rebut the appellant’s case in confiscation proceedings, which were essentially a civil/balance of probability proceedings tried in the criminal courts.’
Held: The explanation was insufficient. It quashed the order of the Crown Court, and remitted the matter to that Court for it to determine whether Mr. Orton was entitled to his costs in accordance with the judgment of the Divisional Court.
Simon J said: ‘There was no finding of conduct which might otherwise disentitle the claimant to his costs. Although we have not heard arguments on the point, it seems to me that, on an appeal to the Crown Court by the police, the powers of that court include power to review the decision of the Magistrates’ Court on the question of costs in accordance with the wide powers set out in section 229. Having succeeded in both courts, I would have expected the claimant to have been awarded his costs in each case unless cogent reasons were advanced why he should not.’

Judges:

Simon J

Citations:

[2009] EWHC 168 (Admin)

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002 298

Jurisdiction:

England and Wales

Cited by:

Not authoritative – Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another CA 4-Feb-2010
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 19 November 2022; Ref: scu.282621

Zipher Ltd v Markem Systems Ltd and Another: PatC 1 Sep 2008

This judgment deals with the issue of the scope of the injunction to which Markem should be entitled in support of the undertaking given to HHJ Fysh QC.

Judges:

Floyd J

Citations:

[2008] EWHC 2078 (Pat)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Markem Corporation and Another v Zipher Ltd CA 22-Mar-2005
A patent which was applied for as a result of a breach of confidence may be capable of giving the victim of the breach the benefit of an interest in the patent. In the UK at least the basis of an entitlement claim must be a breach of the claimant’s . .
See Also – Zipher Ltd v Markem Systems Ltd PatC 16-Jan-2007
. .
See Also – Zipher Ltd v Markem Systems Ltd and Another PatC 25-Jun-2008
. .

Cited by:

Appeal From – Zipher Ltd v Markem Systems Ltd and Another CA 10-Feb-2009
In earlier proceedings, Zipher had given an undertaking not to pursue their claim over and above a certain level. The defendant now sought to hold them to that undertaking. The claimants replied that the undertaking had lapsed when that action had . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Litigation Practice, Costs

Updated: 19 November 2022; Ref: scu.273175

Trustees of the Portman Estate (Lay and Others) v Drexler and others (T/A Littlestone Martin Glenton): CA 18 May 2007

The defendants, tenants of business premises had first sought a renewal of their lease, but then decided not to go ahead. The landlords appealed against the refusal by the lower court to award them their costs incurred.
Held: The appeal succeeded. The new order had amended the procedures to allow the landlord to take the initiative and determine at an early stage whether the lease was to be renewed. The tenant indicating his wish to renew should be aware that by doing so he put himself at risk in costs if he did not then do so.

Judges:

Chadwick LJ, Laws LJ, Evans-Lombe J

Citations:

[2007] EWCA Civ 464, Times 20-Jun-2007, [2007] 5 Costs LR 695, [2007] BusLR 1357, [2007] 31 EG 82, [2007] 2 P and CR DG13, [2007] 22 EG 160, [2007] NPC 66, [2007] L and TR 33

Links:

Bailii

Statutes:

Landlord and Tenant Act 1954 24(1), Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (2003 No 3096)

Jurisdiction:

England and Wales

Costs, Landlord and tenant

Updated: 19 November 2022; Ref: scu.252414

Marcan Shipping (London) Ltd v Kefalas and Another: CA 17 May 2007

The appellant having failed to comply with an unless order, now appealed against an order striking out the claim.
Held: The activation of a sanction in an unless order striking out a claim was a powerful weapon in a judge’s case management armoury that should only be deployed where its consequences could be fully justified.
Moore-Bick LJ set conditions for making an unless order: ‘before making conditional orders, particularly orders for the striking out of statements of case for the dismissal of claims or counterclaims, the judge should consider carefully whether the sanction being imposed is appropriate to all the circumstances of the case. Of course it is impossible to foresee the nature and effect of every possible breach and the party in default can always apply for relief, but a conditional order striking out a statement of claim or dismissing the claim or counterclaim is one of the most powerful weapons in the court’s case management armoury and should not be deployed unless its consequences can be justified. I find it difficult to imagine circumstances in which such an order could properly be made for what were described in Keen Phillips v Field as good housekeeping purposes’.’

Judges:

Pill LJ, Keene LJ, Moore-Bick LJ

Citations:

[2007] EWCA Civ 463, [2007] 1 WLR 1864, [2007] CP Rep 41, [2007] 3 All ER 365, [2007] 1 CLC 785

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Followed – Kinsley v Commissioner of Police for the Metropolis CA 9-Jun-2010
The claimant had obtained an interim injunction requiring the police not to harass him. He was acting in person and had been ordered to file his claim and particulars by a date. He failed to comply and the injunction was discharged against an . .
Lists of cited by and citing cases may be incomplete.

Costs, Litigation Practice

Updated: 19 November 2022; Ref: scu.252386

White v White (Deceased): CA 20 Jan 2003

An appeal was made against an order refusing an award of costs against solicitors for the opposing party.
Held: The judge’s order saying that an aplication should have been forewarned earlier was made within his discretion, and was appropriate. The value at stake meant that this application was disproportionate, and satellite litigation of this sort was to be discouraged. The fact that no indication was given at the time that a wasted costs order would be sought is rarely likely to be a sufficient reason for refusing to accede to a subsequent application for such an order.

Judges:

Lord Justice Schiemann, Lord Justice Mummery, Lord Justice Dyson

Citations:

[2003] EWCA Civ 156

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd CA 26-Jan-1994
Guidance for Wasted Costs Orders
Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an . .
Cited – Filmlab Systems International Ltd and Another v Pennington and Others ChD 9-Jul-1993
In civil litigation an application for a wasted costs order should only save in exceptional circumstances, be made after the trial. The court mentioned several dangers if applications were made at an interlocutory stage, among them the risk that a . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 18 November 2022; Ref: scu.180714