[2010] BPIR 325
Cited by:
Cited – Brook v Reed CA 25-Mar-2011
The court was asked ‘What relation should the costs and remuneration bear to the circumstances, and in particular the size, of the bankruptcy?’ The bankrupt had considered that the costs first awarded to the trustee in bankruptcy and the trustee’s . .
Lists of cited by and citing cases may be incomplete.
Insolvency, Costs
Updated: 18 December 2021; Ref: scu.430879
The respondent had been ordered to pay costs of over pounds 16,000 in an action for clinical negligence where the final award was only pounds 4,000. The Secretary of State appealed claiming that the costs were disproportionate.
Held: In such cases the court must undertake a two stage examination. First it should look at the proportionality of the claim, making allowance for the amount which might reasonably be thought could be awarded. If the overall amount was then seen as disproportionate, the court should look at each item claimed, and ask whether the work undertaken was necessary. If so, then the principle of proportionality need not override proper claims for payment. ‘what is required is a two-stage approach. There has to be a global approach and an item by item approach. The global approach will indicate whether the total sum claimed is or appears to be disproportionate having particular regard to the considerations which Part 44.5(3) states are relevant. If the costs as a whole are not disproportionate according to that test then all that is normally required is that each item should have been reasonably incurred and the cost for that item should be reasonable. If on the other hand the costs as a whole appear disproportionate then the court will want to be satisfied that the work in relation to each item was necessary and, if necessary, that the cost of the item is reasonable. If, because of lack of planning or due to other causes, the global costs are disproportionately high, then the requirement that the costs should be proportionate means that no more should be payable than would have been payable if the litigation had been conducted in a proportionate manner. This is turn means that reasonable costs will only be recovered for the items which were necessary if the litigation had been conducted in a proportionate manner’
The court adopted the following: ‘In modern litigation, with the emphasis on proportionality, there is a requirement for parties to make an assessment at the outset of the likely value of the claim and its importance and complexity, and then to plan in advance the necessary work, the appropriate level of person to carry out the work, the overall time which would be necessary and appropriate spend on the various stages in bringing the action to trial and the likely overall cost. While it was not unusual for costs to exceed the amount in issue, it was, in the context of modest litigation such as the present case, one reason for seeking to curb the amount of work done, and the cost by reference to the need for proportionality.’
Lord Woolf, Lord Chief Justice, Lord Justice Laws and Lord Justice Dyson
Times 05-Apr-2002, Gazette 10-May-2002, [2002] EWCA Civ 365, [2002] 1 WLR 2450, [2002] CPLR 328, [2002] CP Rep 43, [2002] 2 Costs LR 279, [2002] 4 All ER 775
Bailii
Civil Procedure Rules 44.5(3)
England and Wales
Cited by:
Cited – Sinclair Roche and Temperley (A Firm) v Somatra Ltd (Damages) CA 23-Oct-2003
The ‘Somatra’ was lost at sea. The insurance claim had been refused on the basis that the ship was unseaworthy. The owners came to instruct the appellant solicitors to represent them in the insurance claim. Having lost confidence in the solicitors, . .
Cited – Hosking v Michaelides and Another ChD 28-Nov-2003
Permission to appeal is required against a summary assessment of costs. The correct approach was set out in Lownds. Here, and although the registrar had not followed the recommended two stage approach, the result was reasonable. . .
Cited – A B and others v Leeds Teaching Hospitals NHS Trust QBD 9-May-2003
The claimants were involved in a group litigation with regard to the removal of organs without consent from deceased children. The defendant sought an order capping the costs which might be claimed.
Held: In GLO cases the desirability of . .
Cited – Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs Com Ltd CA 3-Mar-2004
The claimant alleged trade mark infringement by the respondents by the use of a mark in a pop-up advert.
Held: The own-name defence to trade mark infringement is limited. Some confusion may be allowed if overall the competition was not unfair . .
Cited – Ross v Stonewood Securities Ltd ChD 7-Oct-2004
The claimant appealed an order reducing his award of costs. . .
Cited – Simms and others v The Law Society CA 12-Jul-2005
The appellant challenged intervention proceedings brought against his solicitors practice by the respondent. Following disciplinary proceedings, the Society had obtained summary judgment rejecting the application, and awarding costs. The solicitor . .
Cited – Campbell v MGN Ltd (No 2) HL 20-Oct-2005
The appellant sought to challenge the level of costs sought by the claimant after she had succeeded in her appeal to the House. Though a relatively small sum had been awarded, the costs and success fee were very substantial. The newspaper claimed . .
Cited – Sheffield Wednesday Football Club Ltd and others v Hargreaves QBD 18-Oct-2007
The defendant operated a web forum in which posters posted defamatory messages about the claimants. The claimants sought an order disclosing the contact details of the members of the forum. The owner of the forum said he had undertaken not to . .
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, . .
Cited – Coward v Harraden QBD 2-Dec-2011
coward_harradenQBD2011
Parties had fought each other in wide ranging litigation. The claimant found covert surveillance devices in his home, and discovered evidence that the defendant may have information as to who had placed them. Earlier orders had been made for the . .
Cited – Brook v Reed CA 25-Mar-2011
The court was asked ‘What relation should the costs and remuneration bear to the circumstances, and in particular the size, of the bankruptcy?’ The bankrupt had considered that the costs first awarded to the trustee in bankruptcy and the trustee’s . .
Cited – Coventry and Others v Lawrence and Another SC 22-Jul-2015
The appellants challenged the compatibility with the European Convention on Human Rights of the system for recovery of costs in civil litigation in England and Wales following the passing of the Access to Justice Act 1999. The parties had been . .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 18 December 2021; Ref: scu.170081
Gillen J
[2014] NIQB 89
Bailii
Northern Ireland, Personal Injury, Costs
Updated: 18 December 2021; Ref: scu.535324
Costs — s 29 Tribunals, Courts and Enforcement Act 2007 — Tribunal Procedure Rule 10 — Refusal by HMRC of Appellant’s request to call two named HMRC officials as witnesses — Whether HMRC thereby ‘acted unreasonably in . . defending . . the proceedings’ — In the circumstances of the case, no — Application for costs dismissed
[2014] UKFTT 709 (TC)
Bailii
Tribunals, Courts and Enforcement Act 2007 29
Taxes Management, Costs
Updated: 18 December 2021; Ref: scu.535339
The parties had been involved in a road traffic accident. The defendant drove into the claimant’s parked car. The claimant was unable to afford to hire a car pending repairs being completed, and arranged to hire a car on credit. He now sought payment of the cost of the credit agreement.
Held: A negligent driver must take his victim as he finds him. Mr Lagden’s claim was, in essence, a claim for the loss of use of his car while it was in the garage undergoing the repairs as a result of the accident. He had no choice but to hire the vehicle, and to do so on credit. The cost of the credit was recoverable.
Lord Nicholls of Birkenhead, Lord Slynn of Hadley, Lord Hope of Craighead, Lord Scott of Foscote, Lord Walker of Gestingthorpe
[2003] UKHL 64, Times 05-Dec-2003, [2004] 1 AC 1067, [2004] 1 All ER 277, [2003] 3 WLR 1571, [2004] Lloyd’s Rep IR 315, [2004] RTR 24
House of Lords, Bailii
England and Wales
Citing:
Appeal from – Clark v Ardington Electrical Services; Dennard v Plant; Sen v Steelform Engineering Company Ltd; Lagden v O’Connor CC 3-Aug-2001
The several claimants had hired motor vehicles following accidents, being re-assured that the costs would be recovered from defendant insurers. The agreements would not comply with the requirements of the Consumer Credit Act. They each envisaged . .
Cited – Cartledge v E Jopling and Sons Ltd HL 1963
The plaintiffs were steel dressers who, in the course of their employment, had inhaled quantities of noxious dust which had caused them to suffer from pneumoconiosis. They issued proceedings on 1 October 1956 but were unable to show any breach of . .
Cited – Dimond v Lovell HL 12-May-2000
A claimant sought as part of her damages for the cost of hiring a care whilst her own was off the road after an accident caused by the defendant. She agreed with a hire company to hire a car, but payment was delayed until the claim was settled.
Overruled – Liesbosch Dredger (Owners of) v Owners of SS Edison, The Liesbosch HL 28-Feb-1933
The ship Edison fouled the moorings of the Liesbosch resulting in the total loss of the dredger when it sank. It had been engaged on work in the harbour under contract with the harbour board. All the owners’ liquid resources were engaged in the . .
Cited – Alcoa Minerals of Jamaica Inc v Herbert Broderick PC 20-Mar-2000
(Jamaica) Damage had been caused to the claimant’s property, but, because of his lack of funds, he was dependent upon the receipt of the damages to carry out the works of repair necessary. By the time the matter came to trial, inflation meant that . .
Appeal from – Burdis v Livsey QBD 2001
The several cases claimed the cost of provision by credit hire companies of car hire and repair services to the innocent victims of road accidents. The transactions were ‘res inter alios acta’ – collateral to the commission of the tort. . .
Cited – The Gazelle 1844
A vessel was damaged by collision. What was the amount to be paid to the owners of the damaged vessel for its repair?
Held: The measure of the indemnification to which the owner of the damaged vessel was entitled was co-extensive with the . .
Cited – British Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited HL 1912
The plaintiffs purchased eight steam turbines from the defendants. They later proved defective, and the plaintiffs sought damages. In the meantime they purchased replacements, more effective than the original specifications. In the result the . .
Cited – Derbyshire v Warren 1963
The plaintiff cannot recover from the defendant by way of damages any sum greater than what is reasonably necessary for the purpose of making good his loss. . .
Cited – Harbutt’s Plasticine Ltd v Wayne Tank and Pump Co Ltd CA 1970
The plaintiffs’ factory in an old mill, burned down because Wayne Tank had installed a pipeline made of unsuitable and dangerous plastic material and wrapped in heating tape attached to a useless thermostat. It had been switched on and the plant . .
Cited – Clippens Oil Co v Edinburgh and District Water Trustees HL 1907
A wrongdoer must take his victim as he finds him, and be answerable for the consequences which actually flow from his wrongful act.
Lord Collins said: ‘In my opinion the wrongdoer must take his victim talem qualem, and if the position of the . .
Cited – Ramwade Ltd v W J Emson and Co Ltd CA 1987
The plaintiffs had been obliged to hire vehicles to perform the work carried out by their skip lorry which had been damaged beyond repair in a road accident. Their insurance brokers had, contrary to instructions, failed to procure a comprehensive . .
Mentioned – In re Polemis and Furness, Withy and Co CA 1921
A wrongdoer was liable for all the direct consequences of his negligent act, even though those consequences could not reasonably have been anticipated. ‘Once the act is negligent, the fact that its exact operation was not foreseen is immaterial.’ . .
Cited – Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1) PC 18-Jan-1961
Foreseeability Standard to Establish Negligence
Complaint was made that oil had been discharged into Sydney Harbour causing damage. The court differentiated damage by fire from other types of physical damage to property for the purposes of liability in tort, saying ‘We have come back to the plain . .
Cited – Monarch Steamship Co Ltd v Karlshamns Oljefabriker A/B HL 1949
Damages were sought for breach of contract.
Held: After reviewing the authorities on remoteness of damage, the court reaffirmed the broad general rule that a party injured by the other’s breach of contract is entitled to such money . .
Cited – Trans Trust SPRL v Danubian Trading Co Ltd CA 1952
Lord Justice Denning said: ‘It was also said that the damages were the result of the impecuniosity of the sellers and that it was a rule of law that such damages are too remote. I do not think there is any such rule. In the case of a breach of . .
Cited – Dodd Properties (Kent) Ltd v Canterbury City Council CA 21-Dec-1979
The defendants had, in the course of building operations, caused nuisance and damage to the plaintiff’s building. The dispute was very lengthy, the costs of repair increased accordingly, and the parties now disputed the date at which damages fell to . .
Cited – Perry v Sidney Phillips and Son CA 1982
In 1982 the surveyor failed to observe serious defects, including a leaking roof and a septic tank with an offensive smell. The plaintiff purchaser could not afford major repairs and executed only minor repairs himself. At the date of the trial the . .
Cited – Chanthall Investments Ltd v F G Minter Ltd OHCS 22-Jan-1976
The court considered the approach to claims for damages which had been made worse because of the impecuniosity of the victim: ‘I am of opinion that in each case where the matter arises it is a question of fact, in the particular circumstances, . .
Cited – Mattocks v Mann CA 2-Sep-1992
The plaintiff was able to recover the cost of a car hire till his repair bill had been paid by the insurers, where he was himself unable to pay the bill. ‘. . . at the present day it is generally accepted that, in what Lord Wright termed ‘the varied . .
Cited – Margrie Holdings Ltd v City of Edinburgh District Council IHCS 1994
When asking whether a claim for damages could properly include an additional element to recover additional costs of an impecunious pursuer, the proper approach, consistent with the modern authorities, was to ask whether the loss was or was not . .
Cited – Prehn v Royal Bank of Liverpool CE 31-Jan-1870
The defendants, bankers at Liverpool, by their letter of credit to the plaintiffs, grain merchants at Alexandria and Liverpool, undertook to accept the drafts of the plaintiffs’ Alexandria firm, the plaintiffs undertaking to put them in funds to . .
Cited – The Owners of No 7 Steam Sand, Pump Dredger v The Owners of SS ‘Greta Holme’ HL 1897
The plaintiff’s vessel, a sand dredger, was being used to deepen the river near the landing stage. It was damaged in a collision with the ‘Greta Holme’, for which the latter was solely responsible. The dredger was out of action for fifteen weeks and . .
Cited – The Owners of the Steamship Mediana v The Owners, Master and Crew of the Lightship Comet HL 1900
A lightship was damaged by negligence. The plaintiff harbour board kept a ship ready for emergencies, and consequently the damaged ship was replaced with the spare while she was being repaired. The question was whether the claimant could recover . .
Cited – Admiralty Commissioners v Owners of the Steamship Susquehanna; The Susquehanna HL 1926
An Admiralty oiler, the ‘Prestol’, was damaged in a collision with the defendants’ vessel in the Baltic. Her place was taken by another oiler, the ‘Belgol’, which was withdrawn from service on the Clyde. In effect, the Admiralty was able to make do . .
Cited – Radford v De Froberville 2-Jan-1977
A contract was made for the sale of a plot of land adjoining a house belonging to the plaintiff (the vendor) but occupied by his tenants, under which the defendant (the purchaser) undertook to build a house on the plot and also to erect a wall to a . .
Cited – McAuley v London Transport Executive CA 1957
A plaintiff in a claim for personal injuries may be deemed to have failed to mitigate his losses by an unreasonable refusal to undergo free surgical treatment after a bodily injury, and the damages he may recover from the tortfeasor are to be . .
Cited – Koch Marine Inc v D’Amica Societa Di Navigazione ARL (The Elena d’Amico) QBD 1980
The ship owners wrongfully repudiated a charterparty in March 1973, 14 months after its inception. The charterers did not hire a substitute but claimed damages for the loss of profits they would have made between January and April 1974, during which . .
Cited by:
Cited – Vision Golf Ltd v Weightmans (A Firm) ChD 26-Jul-2005
A lease had been forfeited. The defendant firm of solicitors had negligently failed to apply for relief. They argued that that failure had in fact caused no loss to the claimants, since they would have lost the lease anyway.
Held: The ‘but . .
Cited – Bee v Jenson ComC 21-Dec-2006
The defendant objected to paying the plaintiff the costs of a replacement hire car after the accident for which he was liable. He said that the plaintiff was in any event insured to recover that cost, and the insurance company were subrogated to the . .
Cited – Bee v Jenson CA 13-Sep-2007
The claimant hired a car whilst his own, damaged by the defendant, was being repaired. His insurer sought to recover the cost from the other driver. The insurer had first arranged te hire with one company, but then another provided a finacial reward . .
Lists of cited by and citing cases may be incomplete.
Damages, Road Traffic, Costs
Updated: 18 December 2021; Ref: scu.188543
A company went into liquidation, being owed substantial sums by another company in the same group, but itself insolvent. A settlement did not include accrued interest, but was claimed to be taxed as if it had, and on an accruals basis. If so, was this an expense properly arising in the insolvency, and payable as a preferred debt?
Held: Debts arising from pre-liquidation were to be proved, but a debt arising in the administration should be paid in full. The issue had been settled by statute. The tax was a proper disbursement in the insolvency, and was payable in full. Whether debts should count as expenses of the liquidation is a matter for the discretion of the court.
Lord Hoffmann Lord Woolf CJ Lord Hutton Lord Hobhouse of Wood-borough Lord Rodger of Earlsferry
Gazette 21-Mar-2002, [2002] UKHL 6, Times 25-Feb-2002, [2002] 1 WLR 671, [2003] 1 AC 1, [2002] 2 All ER 113, [2002] 2 Cr App R 9, [2002] HRLR 23, (2002) 166 JPN 431, (2002) 166 JP 333
House of Lords, Bailii
Income and Corporation Taxes Act 1988 8(2), Finance Act 1996 Ch II, Insolvency Act 1986 115, Insolvency Rules 1986 (SI 1986 No 1925) 4.218(1) 4.220(1)
England and Wales
Citing:
Cited – In re Watson, Kipling and Co ChD 1883
An assessment for rates had been made after the liquidation of the company upon property occupied by the company. The court rejected the submission of counsel for the rating authority that: ‘where a liability is incurred during the winding-up, that . .
Approved – In re Mesco Properties Ltd ChD 1979
The court considered whether corporation tax had to be paid as an expense of the liquidation in priority to other claims. In that case it had arisen not on profits but on chargeable gains, on sales of the company’s properties after the commencement . .
Cited – In re Mesco Properties Ltd CA 1980
Tax legislation provided that the company was chargeable to corporation tax on a capital gain arising in the winding up.
Held: The appeal failed. It was a tax which the liquidator was bound to discharge by payment, and the payment was a . .
Cited – In re London Metallurgical Co 1985
A costs order made against liquidators arising from proceedings they had taken, will usually have priority over the general expenses of the action. The list of expenses said nothing about the costs of litigation incurred by the liquidator or awarded . .
Cited – In re M C Bacon Ltd ChD 1990
A liquidator claimed that the costs of an unsuccessful attempt to set a floating charge aside should be paid out of the assets subject to the charge in priority to the claims of the charge holder.
Held: The rule was a complete statement of the . .
Cited – In re Atlantic Computer Systems Plc CA 1992
The chargor was a company which arranged with the chargee, a funding bank, that it should purchase equipment and let it on hire purchase to the chargor with permission to sub-lease to end users. The chargor charged to the chargee by way of security . .
Cited – Lewis v Commissioner of Inland Revenue and others CA 2-Nov-2000
The liquidator in a creditor’s voluntary liquidation sought a direction that he could take his costs of pursuing former directors in actions for wrongful trading and preferences, out of realised funds. It was held that nothing in the rules or Act . .
Cited – In Re Kentish Homes Ltd ChD 31-Mar-1993
The question was whether a post-liquidation liability to community charge on empty flats was an expense of the liquidation.
Held: The company was the chargeable person in respect of the flats for the relevant periods, but the liability was . .
Cited – In re Exhall Coal Mining Co Ltd CA 1864
Section 163 provided ‘any . . distress or execution put in force against the estate or effects of the company after the commencement of the winding up shall be void to all intents.’ After the presentation of a petition, the commencement of a . .
Cited – In re Progress Assurance Co Ex parte Liverpool Exchange Co CA 1870
Where offices had been let to a company which was ordered to be wound up by the Court, a distress was subsequently put in for rent by the lessors, under which the office furniture was seized.
Held: as possession of the offices had not, in the . .
Cited – In re Lundy Granite Co; Ex parte Heavan CA 1871
The landlord of Lundy Island, which was let to a third party, distrained upon goods of the company which had been left upon the tenant’s property. The distraint was for rent which had fallen due more than a year after the winding up order. The . .
Cited – In re Oak Pits Colliery Co CA 1882
The court examined the basis of the rule that the court has a discretion to order a liquidator to pay the full rent of a property he retained: ‘When the liquidator retains property for the purpose of advantageously disposing of it, or when he . .
Cited – Hardy v Fothergill 1888
Rent falling due after a winding up of the tenant was a future debt for which the landlord could have proved in the tenant’s liquidation. . .
Cited – In re ABC Coupler and Engineering Co Ltd (No 3) ChD 1970
The liquidator when appointed closed down the business which had been conducted on the premises, had the company’s plant and machinery valued and thought about what he should do.
Held: The rent did not become a liquidation expense until some . .
Cited – In re Downer Enterprises Ltd ChD 1974
The company was the assignee of a lease. The rent appears to have been payable in advance on the usual quarter days. The company went into liquidation in November 1971. At some time before April 1972 the liquidator instructed agents to market the . .
Cited – Re HH Realisations Ltd ChD 1975
The liquidator of a company ceased to be liable to pay the rent under the company’s lease in full from the time it gave notice to the landlord that it was seeking authority to disclaim the lease, even though it remained in occupation for nearly two . .
Cited – In re Watson, Kipling and Co ChD 1883
An assessment for rates had been made after the liquidation of the company upon property occupied by the company. The court rejected the submission of counsel for the rating authority that: ‘where a liability is incurred during the winding-up, that . .
Cited – In re National Arms and Ammunition Co CA 1885
‘If the company retains the possession of property which would be rateable in the hands of anyone else, it is only reasonable that it should be rateable in the hands of the company . . the true test is whether there has been a beneficial occupation . .
Cited – In re Blazer Fire Lighter Ltd 1895
The liquidator had closed the business and done nothing on the premises except to instal a caretaker to protect them from vandalism. That was sufficient to continue the company in rateable occupation. So the rates were an expense of the liquidation. . .
Cited by:
Cited – Digital Equipment Co Ltd and Others v Bower and Others ChD 4-Dec-2003
The liquidators had lost their legal action, and had been ordered to pay the present claimants their costs. They sought payment out of an insolvency services account in competition with the solicitors for the liquidators.
Held: An award of . .
Cited – McGrath and Honey v McMahon and Others, Re HIH Casualty and General Insurance Ltd and others CA 9-Jun-2006
The insurance company was to be wound up. It operated internationally but was registered in Australia. The Australian liquidator now sought an order for the transfer of assets held here to Australia.
Held: It was inevitable that cross border . .
Cited – Unadkat and Co (Accountants) Ltd v Bhardwaj and Another ChD 11-Oct-2006
Section 651 was broad enough to enable the court to order that the costs of having the dissolution of a company declared void be treated as an expense in the winding-up, notwithstanding the decision of the House of Lords in Re Toshoku Finance UK plc . .
Cited – Irish Reel Productions Ltd v Capitol Films Ltd ChD 10-Feb-2010
The petitioner’s winding-up petition had been dismissed on the defendant company being put into administration. The petitioner asked for its costs to be paid as an administration expense payable in priority to the administrator’s expenses.
Cited – McCartney and Unite The Union and Another v Nortel Networks UK Ltd (In Administration) ChD 22-Apr-2010
The administrators gave employees of the company notice of termination of their employment. Then administrators refused consent under para 43(6) to actions against the company in the Northern Ireland Industrial Tribunal for protective awards, unfair . .
Cited – In re Nortel Companies and Others SC 24-Jul-2013
The court was asked as to the interrelationship of the statutory schemes relating to the protection of employees’ pensions and to corporate insolvency.
Held: Liabilities which arose from financial support directions or contribution notices . .
Explained – Bloom and Others v The Pensions Regulator (Nortel, Re) ChD 10-Dec-2010
Applications for directions by the administrators of twenty companies in two groups, all raising the same common questions as to the effect of the Financial Support Direction regime created by the Pensions Act 2004 upon companies in administration . .
Lists of cited by and citing cases may be incomplete.
Corporation Tax, Insolvency, Costs
Updated: 18 December 2021; Ref: scu.167631
Calculation of costs after order for payment out of central funds.
[2014] EWCA Crim 1570
Bailii
England and Wales
Criminal Practice, Costs
Updated: 17 December 2021; Ref: scu.535232
Costs, Entitlement – This was a Decision on costs following an earlier substantive Decision on entitlement in favour of the defendants. Although the claimant’s presentation of its case had suffered from some defects, the hearing officer declined to depart from the standard scale of costs. An award on the scale was made to the defendant.
Mr J Elbro
[2014] UKIntelP o23614, EP1980746
Bailii
Patents Act 1977 37
England and Wales
Intellectual Property, Costs
Updated: 17 December 2021; Ref: scu.534563
Lady Justice Elisabeth Laing DBE
[2021] EWCA Civ 1676
Bailii
England and Wales
Costs
Updated: 17 December 2021; Ref: scu.669864
Lord Doherty
[2014] ScotCS CSOH – 96
Bailii
Companies Act 2006 996
Scotland, Company, Costs
Updated: 16 December 2021; Ref: scu.534126
Lord Eassie
[2014] ScotCS CSIH – 50
Bailii
Scotland, Costs
Updated: 16 December 2021; Ref: scu.534127
Lady Smith
[2014] ScotCS CSIH – 54
Bailii
Scotland, Costs
Updated: 16 December 2021; Ref: scu.534129
The court considered the costs aftermath of a huge claim undertaken on a no win no fee basis and failing. The funder of the claim complained at an award of costs against it.
Held: Those who fund litigation must accept that their risks extend beyond the risk only of bearing their fundee’s costs, and extend to the other party also. However in this case that liability to the successful defendant was to be limited to an amount equal to the sum it had agreed to expend to support the claimant.
Lord Phillips of Worth Matravers MR, Brooke LJ, Dyson LJ
[2005] EWCA Civ 655, Times 03-Jun-2005
Bailii
England and Wales
Citing:
Cited – Aiden Shipping Co Ltd v Interbulk Ltd (The ‘Vimeira’) HL 1986
Wide Application of Costs Against Third Party
A claim had been made against charterers by the ship owners, and in turn by the charterers against their sub-charterers. Notice of motion were issued after arbitration awards were not accepted. When heard, costs awards were made, which were now . .
Cited – Dymocks Franchise Systems (NSW) Pty Ltd v Todd and others (No. 2) PC 21-Jul-2004
PC (New Zealand) Costs were sought against a non-party, following an earlier determination by the Board.
Held: Jurisdiction to make such an order was not complete. Where the order sought was against a . .
Cited – Regina (Factortame Ltd and Others) v Secretary of State for Transport, Local Government and the Regions (No 8) CA 3-Jul-2002
A firm of accountants had agreed to provide their services as experts in a case on the basis that they would be paid by taking part of any damages awarded. The respondent claimed that such an agreement was champertous and unlawful.
Held: The . .
Cited – Hamilton v Al Fayed and Others (No 2) CA 17-May-2002
The claimant had lost a libel action and been bankrupted. The defendant sought to recover his costs from those who had financially supported the claimant. He now appealed a dismissal of his request for contributions.
Held: An order for the . .
Appeal from – Arkin v Borchard Lines Limited, Andzim Israel Navigation Company Ltd and others (No 3) ComC 16-Dec-2003
. .
Cited by:
Cited – BE Studios Ltd v Smith and Williamson Ltd ChD 2-Dec-2005
The claimant company had failed in its action. The court was asked to make a costs order personally against the principal director of the claimant who had controlled the litigation and funded it. He responded that no impropriety had been shown on . .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 16 December 2021; Ref: scu.225283
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 long overdue conclusion’ when the creditors called on the liquidators to abandon the action. The parties now disputed the basis for the costs order. ‘The pursuit of such hopeless but widely publicised allegations of dishonesty against so many officers of this country’s central bank of itself takes the case out of the norm. ‘ Costs were awarded on an indemnity basis.
Tomlinson J
[2006] EWHC 816 (Comm), [2006] 5 Costs LR 714
Bailii
England and Wales
Citing:
Cited – Petrotrade Inc v Texaco Ltd CA 23-May-2000
Where a defendant failed to beat a claimant’s part 36 offer to settle, but judgment was given summarily the rule did not mean that the defendant was necessarily to be ordered to pay costs on an indemnity basis, and to pay interest. Summary judgment . .
Cited – 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 . .
Cited – National Coal Board v Ridgeway CA 1987
‘action’ in section 23(1) of the 1978 Act included an omission. . .
Cited – King v Telegraph Group Ltd CA 18-May-2004
The defendant appealed against interim costs orders made in the claim against it for defamation.
Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being . .
Cited – Jordan Grand Prix Limited v Vodafone Group Plc ComC 4-Aug-2003
The claimant asserted that the defendant had agreed in the course of a telephone conversation, to provide sponsorship, and sought to enforce that agreement. There were considerable conflicts of evidence.
Held: Evidence given on behalf of the . .
Cited – Cepheus Shipping Corporation v Guardian Royal Exchange Plc 1995
. .
Cited – IPC Media Ltd v Highbury Leisure Publishing Ltd ChD 2005
. .
Cited – Cambridge Antibody Technology v Abbott Biotechnology Ltd and Another 2005
. .
Cited – Amoco (UK) Exploration Company and others v British American Offshore Ltd ComC 12-Dec-2000
. .
Cited by:
Cited – Chantrey Vellacott v The Convergence Group Plc and others ChD 31-Jul-2007
The claimants, a firm of accountants, sued their former clients for unpaid fees. The defendant company counterclaimed for professional negligence. The claimant had expended andpound;5.6m in costs. The claimants now sought a non-party costs order . .
Lists of cited by and citing cases may be incomplete.
Banking, Torts – Other, Costs
Updated: 16 December 2021; Ref: scu.240372
[1863] EngR 1040 (A), (1863) 1 H and M 560
Commonlii
England and Wales
Citing:
See Also – Morgan v Great Eastern Railway Company 30-Apr-1863
. .
Lists of cited by and citing cases may be incomplete.
Company, Costs
Updated: 16 December 2021; Ref: scu.283695
Mr Justice Colman
[2003] EWHC 3088 (Comm), [2004] 2 Costs LR 267, [2004] 1 Lloyd’s Rep 636
Bailii
England and Wales
Citing:
See Also – Arkin v Borchard Lines Limited Andzim Israel Navigation Company Ltd and others v Managers and Processors of Claims QBD 27-Nov-2003
. .
Cited by:
Appeal from – Arkin v Borchard Lines Ltd and others CA 26-May-2005
The court considered the costs aftermath of a huge claim undertaken on a no win no fee basis and failing. The funder of the claim complained at an award of costs against it.
Held: Those who fund litigation must accept that their risks extend . .
Lists of cited by and citing cases may be incomplete.
Commercial, European, Costs
Updated: 16 December 2021; Ref: scu.188862
Pitchford J
[2003] EWHC 1159 (Admin)
Bailii
England and Wales
Citing:
See Also – National Association of Colliery Overmen, Deputies and Shot Firers, Regina (on the Application Of) v Secretary of State for Work and Pensions Admn 1-May-2003
. .
Cited by:
See also – National Association of Colliery Overmen, Deputies and Shot Firers, Regina (on the Application Of) v Secretary of State for Work and Pensions Admn 1-May-2003
. .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 16 December 2021; Ref: scu.185348
Application for security for costs by defendants
[2020] EWHC 1328 (TCC)
Bailii
England and Wales
Costs
Updated: 16 December 2021; Ref: scu.653311
The court rehearsed the Australian cases on the dangers of relying upon identification evidence, the need for proper jury directions, and the dangers of a court of appeal maintaining a conviction where an inadequate direction had been given relying upon other evidence in the case. It was still the judge’s duty to give a Turnbull warning even if the defence was not relying on the possibility of mistake, the thrust of the defence simply being to challenge the veracity of the witness. A direction was given on the award of costs of an applicant to the Privy Council.
Times 30-Jun-1993, (1993) 97 Cr App R 409
Commonwealth
Citing:
Cited – Domican v The Queen 1992
(Australia) Mason CJ said: ‘A trial judge is not absolved from his or her duty to give general and specific warnings concerning the danger of convicting on identification evidence because there is other evidence, which, if accepted, is sufficient to . .
Cited by:
Cited – Bertrand Roberts and Roland Roberts v The State PC 15-Jan-2003
PC (Trinidad and Tobago) The appellants had been convicted of murder and their capital sentences commuted. They now sought to challenge the convictions as to the admission of and directions given on the . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Costs, Commonwealth
Updated: 16 December 2021; Ref: scu.89843
(Procedure : Other) COSTS – application for an order for costs on the basis that the Respondents acted unreasonably in conducting the proceedings – yes – whether the Appellant’s schedule of costs complied with Tribunal Rule 10(3)(b) – no – direction for a revised schedule of costs to be produced and settled by the Tribunal by way of summary judgment in the absence of agreement by the parties
[2018] UKFTT 771 (TC)
Bailii
England and Wales
Costs
Updated: 16 December 2021; Ref: scu.632462
Sir Brian Leveson P QBD, Black, Vos LJJ
[2016] EWCA Civ 158
Bailii
England and Wales
Land, Costs
Updated: 16 December 2021; Ref: scu.561217
Award of costs after unsuccessful appeal.
Gloster, Floyd LJJ, Sir Stanley Burnton
[2014] EWCA Civ 943
Bailii
England and Wales
Costs
Updated: 16 December 2021; Ref: scu.533927
Subsidiary judgment identifying on which issues the parties had respectively won or lost so as to allow apportionment of costs.
Akenhead J
[2014] EWHC 2170 (TCC)
Bailii
Citing:
Principal judgment – The Bodo Community and Others v The Shell Petroleum Development Company of Nigeria Ltd TCC 20-Jun-2014
15,000 or more claimants and claims on behalf of children, sought damages at common law and statutory compensation under the law of Nigeria in relation to oil spills from pipelines said to have been caused by Shell Petroleum Development Company of . .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 16 December 2021; Ref: scu.533823
Applications on behalf of the defendant for (i) security for costs pursuant to s70(6) of the Arbitration Act 1996 in relation to challenges made by the claimant to an arbitration award; and (ii) security for certain sums due under such award pursuant to s70(7) of the 1996 Act.
Eder J
[2014] EWHC 2146 (Comm)
Bailii
Arbitration Act 1996 70(6) 70(7)
England and Wales
Arbitration, Costs
Updated: 16 December 2021; Ref: scu.533813
The claimant solicitors had successfully challenged search warrants issued by the respondents and been awarded their costs.
Rafferty LJ, Stuart-Smith J
[2014] EWHC 2179 (Admin)
Bailii
Citing:
Cited – Malkinson v Trim CA 13-Sep-2002
The court was asked: ‘is a solicitor who has been represented by his own firm in the successful defence of proceedings brought against him personally, entitled (under an order for costs in his favour) to the profit costs of his firm in defending . .
See Also – AB and Another, Regina (on The Application of) v Huddersfield Magistrates’ Court and Another Admn 10-Apr-2014
The claimants challenged the lawfuness of search warrants issued by the respondent court. They were solicitors, and were related to a person suspected of murder who was thought to have fled the country. The officers were looking for evidence that . .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 16 December 2021; Ref: scu.533802
Mr Andrew Hochhauser QC Sitting as a Deputy Judge of the High Court
[2021] EWHC 2907 (Comm)
Bailii
England and Wales
Costs
Updated: 15 December 2021; Ref: scu.670110
[2008] BPIR 771
England and Wales
Cited by:
Cited – Brook v Reed CA 25-Mar-2011
The court was asked ‘What relation should the costs and remuneration bear to the circumstances, and in particular the size, of the bankruptcy?’ The bankrupt had considered that the costs first awarded to the trustee in bankruptcy and the trustee’s . .
Lists of cited by and citing cases may be incomplete.
Insolvency, Costs
Updated: 13 December 2021; Ref: scu.430878
Ferris J was required to consider the insolvency office-holders’ remuneration, assisted by a solicitor with wide insolvency experience, whose report sets out the general principles then accepted by the insolvency profession as the yardstick for claiming remuneration in insolvency proceedings.
Ferris J
[2003] 1 BCLC 640
England and Wales
Cited by:
Cited – In Re Cabletel Installations Ltd 1-Jul-2004
The court criticised the remuneration claimed by the insolvency office-holder were work had been carried out at too senior a level, and the calculation was an uncritical application of the time spent, and where there were more and lengthier meetings . .
Cited – Brook v Reed CA 25-Mar-2011
The court was asked ‘What relation should the costs and remuneration bear to the circumstances, and in particular the size, of the bankruptcy?’ The bankrupt had considered that the costs first awarded to the trustee in bankruptcy and the trustee’s . .
Lists of cited by and citing cases may be incomplete.
Insolvency, Costs
Updated: 13 December 2021; Ref: scu.430876
Where it is always clear that there will be a surplus after creditors have been paid in full, the creditors have little or no commercial interest in the liquidator’s remuneration.
Rimer J
[1999] BPIR 168
Cited by:
Cited – Brook v Reed CA 25-Mar-2011
The court was asked ‘What relation should the costs and remuneration bear to the circumstances, and in particular the size, of the bankruptcy?’ The bankrupt had considered that the costs first awarded to the trustee in bankruptcy and the trustee’s . .
Lists of cited by and citing cases may be incomplete.
Insolvency, Costs
Updated: 13 December 2021; Ref: scu.430877
Oral application for permission to appeal. Leave Refused. No error of law was identified. The judge refusing leave had warned the claimant as to the possibility of a costs order if she persisted.
Wall LJ
[2009] EWCA Civ 38
Bailii
Civil Procedure Rules 852
England and Wales
Citing:
Cited – Fosh v Cardiff University EAT 23-Jan-2008
The professor had sought time off to represent another lecturer claiming race discrimination against the University. The University said that her behaviour created a conflict of interest with the University. She continued and herself claimed . .
Cited by:
Application for Leave – Fosh v Cardiff University CA 29-Sep-2009
The University sought the costs of having attended at an oral renewal of application for leave to appeal.
Held: The professor had gone ahead despite a warning about it not being justified. She had prepared extensive grounds for the appeal. . .
Lists of cited by and citing cases may be incomplete.
Employment, Civil Procedure Rules, Costs
Updated: 13 December 2021; Ref: scu.280417
A petition against the return of the member for Taunton was filed in November 1873. The trial commenced on the 12th of January, 1874, and on the morning of the 26th, at about 10.30, the judge gave judgment declaring the respondent to have been duly elected, and ordering the petitioners to pay the respondent’s costs. This decision was indorsed on the petition, and before noon the judge signed a certificate and report of his determination, and caused them to he posted addressed to the Speaker of the House of Commons. On the same day, after this had been done, but before the certificate and report actually reached the hands of the Speaker, parliament was dissolved by royal proclamation. The certificate and report of the judge were communicated by the Speaker to the new House on its first meeting, and were ordered to be entered on the journals. Held, that the dissolution of parliament after the decision was pronounced and the certificate signed by the judge and put in transit to the Speaker, though before the certificate actually reached the Speaker’s hands, did not affect the right of the respondent to have his costs taxed.
Lord Coleridge CJ, Brett and Grove JJ
(1873-1874) LR 9 CP 702, [1874] UKLawRpCP 51
England and Wales
Cited by:
Cited – The Conservative and Unionist Party v The Election Commissioner CA 23-Nov-2010
A losing candidate at a local election alleged corrupt and illegal practices relating to the entry of non-existent people on the electoral roll and using postal votes. The Election Commissioner found this proved and the election void, and awarded . .
Lists of cited by and citing cases may be incomplete.
Elections, Costs
Updated: 13 December 2021; Ref: scu.654118
Appeal against withdrawal of order for security for costs. Morgan J explained one type of circumstance (judge misled) justifying re-opening an order: ‘The second case referred to by Patten J is where the court does not have a correct understanding of the facts when it makes the first order. The party then wishes the court to review its first order in the light of a correct understanding of the facts, which are then for that purpose communicated to the court. As Patten J makes clear, the court will not consider an application to revoke or vary the first order where the facts could have been, but were not, correctly stated first time round.’
Morgan J
[2008] EWHC 1030 (Ch)
Bailii
England and Wales
Cited by:
Cited – Kojima v HSBC Bank Plc ChD 22-Mar-2011
The defendant had been found to owe money to the bank. In order to avoid damaging his career he agreed to execute a charge to secure the judgment. He now sought release from that order, and to withdraw his admission of the debt. He had acted in . .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 13 December 2021; Ref: scu.267663
Mr Justice Cavanagh
[2021] EWHC 1887 (QB)
Bailii
England and Wales
Information, Costs
Updated: 13 December 2021; Ref: scu.666034
The parties had a long marriage. They had acquired or inherited substantial assets, some of which had been placed in trusts. W had left and had affairs. She sought ancillary relief.
Held: The wife’s behaviour was not to be considered as a separate factor under section 25, but was still part of the picture of her contribution to the marriage. The post-nuptial settlement should not be varied to an extent greater than was necessary, and the first consideration remained the welfare of the children. W had persisted in unrealistic valuations of properties, and H had at first failed to disclose assets held in Switzerland. Each had contributed to increased costs and the costs order should reflect this.
Ewbank J
[1990] 20 Fam Law 297, [1990] 2 FLR 233
Matrimonial Causes Act 1973 25(2)(g)
England and Wales
Family, Costs
Updated: 12 December 2021; Ref: scu.235273
Lord Justice Munby,
(Sitting as a Judge of the Family Division)
[2011] EWHC 112 (Fam)
Bailii
England and Wales
Torts – Other, Costs
Updated: 12 December 2021; Ref: scu.449968
His Honour Judge Stephen Davies
Sitting as a Judge of the High Court
[2021] EWHC 3161 (Ch)
Bailii
England and Wales
Costs
Updated: 12 December 2021; Ref: scu.670100
Master Leonard
[2012] EWHC 90222 (Costs)
Bailii
Solicitors Act 1974 70
England and Wales
Costs
Updated: 11 December 2021; Ref: scu.516377
Application by claimant for order that the respondents would be responsible for their own costs of the appeal irrespective of its outcome.
[2008] EWCA Civ 823
Bailii
England and Wales
Citing:
See Also – Baker v Quantum Clothing Group Ltd CA 28-Jun-2007
. .
Cited by:
See Also – Baker v Quantum Clothing Group CA 22-May-2009
The court considered the responsibility of employers for hearing losses resulting from exposure to noise at a level not at the time appreciated to cause a risk of injury. Smith LJ considered the interpretation by Asquith LJ of the words ‘reasonably . .
See Also – Baker v Quantum Clothing Group and Others CA 5-Jun-2009
The court considered a request that one of the three judges (Sedley LJ) recuse himself on the grounds of apparent bias. It was a case claiming damages for personal injury in the form of hearing losses incurred at work. Sedley LJ was Hon President of . .
See Also – Baker v Quantum Clothing Group Ltd and Others SC 13-Apr-2011
The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory between 1971 and 2001, sustaining noise induced . .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 11 December 2021; Ref: scu.270860
The appellant sought to have struck out the claimant’s action to recover their costs having represented him. He said that the detail in the bill was so deficient as not to comply with the requirements of the Act.
Held: Though the detail given in the bill was inadequate, it was permissible to make allowance for the appellant’s own knowledge and understanding of the case to satisfy the gravamen of the requirement which was that the client should know what he was being asked to pay for. The inadequacies could be remedied by accompanying documents, or information the client already had. In modern times, the least a client could expect was a computer printout to show what had taken place.
Ward, Mance, Nourse, LLJ
Times 04-Nov-2002, Gazette 21-Nov-2002, [2002] EWHC 9034 (Costs)
Bailii
Solicitors Act 1974 64 69
England and Wales
Citing:
Cited – In re a Solicitor (Taxation of Costs) CA 1955
Matrimonial proceedings were in contemplation but the instructions to solicitors were terminated before a petition for judicial separation was filed. The client complained as to the costs bill submitted by the solicitors.
Denning LJ disposed of . .
Cited – Haigh v Ousey 1857
. .
Cited – Keene v Ward 1849
. .
Cited – Cook v Gillard 1852
A solicitor delivered his bill. The first part for pounds 2 19s 8d related to attending the defendant and consulting as to slanderous reports; there were then charges for ‘Letter before action’, ‘Instructions to sue’, ‘Writ of summons’, and . .
Lists of cited by and citing cases may be incomplete.
Legal Professions, Costs, Costs
Updated: 11 December 2021; Ref: scu.177849
It can be proper to award costs against a third party to an action where his behaviour had fallen short of strictly maintaining the action. Here a husband had funded his wife’s defence knowing that she would be unable to support any order for costs against her, he had identified very closely with the defence, and his evidence had been seen to be partial and indifferent to the factual issues, and the court had dismissed the facts alleged to underpin the defence proffered.
Lawrence Collins DJ
Times 29-Feb-2000, [1999] EWHC 261 (Ch)
Bailii
England and Wales
Citing:
See Also – Locabail (UK) Ltd, Regina v Bayfield Properties Ltd CA 17-Nov-1999
Adverse Comments by Judge Need not be Show of Bias
In five cases, leave to appeal was sought on the basis that a party had been refused disqualification of judges on grounds of bias. The court considered the circumstances under which a fear of bias in a court may prove to be well founded: ‘The mere . .
Cited by:
Cited – Smithkline Beecham Plc and Advertising Standards Authority Admn 21-Dec-2000
The appellants sold a soft drink. They advertised it using a toothbrush as part of the image. They also said ‘Ribena Toothkind does not encourage tooth decay’, and cited support from the British Dental Association. The Authority held that this . .
See Also – Locabail (UK) Ltd, Regina v Bayfield Properties Ltd CA 17-Nov-1999
Adverse Comments by Judge Need not be Show of Bias
In five cases, leave to appeal was sought on the basis that a party had been refused disqualification of judges on grounds of bias. The court considered the circumstances under which a fear of bias in a court may prove to be well founded: ‘The mere . .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 11 December 2021; Ref: scu.83130
It was proper to take into account the surrounding circumstances when considering the making of an order for the giving of security of costs against a plaintiff resident abroad. The underlying purpose of such orders had to be allowed for. Here, linked cases meant that a success against one party would mean also success against another, and the need for security for costs in the increased sum requested was not supported.
Times 10-Nov-1999, Gazette 17-Nov-1999
England and Wales
Costs
Updated: 11 December 2021; Ref: scu.79673
application for Security for Costs
Mr Justice Bennett
[2001] EWCA Civ 426
Bailii
England and Wales
Costs
Updated: 11 December 2021; Ref: scu.218078
The parties had disputed a difference in payment between the woman applicant and men doing similar work. After a lengthy dispute the parties now disputed the costs.
Held: The company had correctly been ordered to pay the costs.
Lord Denning MR, Lawton, Cummin-Bruce LJJ
[1980] EWCA Civ 7, [1981] QB 180, [1980] ICR 672, [1980] IRLR 210, [1980] 2 CMLR 217, [1980] 3 WLR 929, [1981] 1 All ER 111
Bailii
England and Wales
Citing:
At EAT – Smith v Macarthys Ltd EAT 14-Dec-1977
Mrs Smith was employed by the respondents, wholesale dealers in pharmaceutical products, as a warehouse manageress at a weekly salary of andpound;50. She complained of discrimination in pay because her male predecessor whose post she took up after . .
At CA (1) – Macarthys Ltd v Smith CA 1980
The employee had taken on a job substantially similar to that of a previous male employee, but had been paid less. She succeeded in a claim under the 1971 Act before the industrial tribunal and Employment Appeal Tribunal. The employer appealed . .
At ECJ – Macarthys Ltd v Smith ECJ 27-Mar-1980
The first paragraph of article 119 of the EEC Treaty applies directly, and without the need for more detailed implementing measures on the part of the community or the member states, to all forms of direct and overt discrimination which may be . .
Lists of cited by and citing cases may be incomplete.
Employment, European, Costs
Updated: 11 December 2021; Ref: scu.262686
There had been an application to quash listed building consent for Mentmore Towers.
[2007] EWHC 116 (QB)
Bailii
England and Wales
Planning, Costs
Updated: 10 December 2021; Ref: scu.248400
‘action’ in section 23(1) of the 1978 Act included an omission.
Bingham LJ , May LJ
[1987] ICR 641, [1987] 3 All ER 582
Employment Protection (Consolidation) Act 1978 23(1)
England and Wales
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 . .
Lists of cited by and citing cases may be incomplete.
Costs, Litigation Practice
Updated: 10 December 2021; Ref: scu.240384
There had been a trial of 35 days regarding rights of way over land, which had proved fruitless, and where some orders had been made without jurisdiction. The result had been inconclusive. The costs order was now appealed, the plaintiff complaining that the judge had failed to take into account an offer of settlement made by him before trial.
Held: The principles of Calderbank should be of general application, and not just within matrimonial proceedings.
Oliver LJ discussed the attempt to apply the without prejudice rule: ‘That the rule rests, at least in part, upon public policy is clear from many authorities, and the convenient starting point of the inquiry is the nature of the underlying policy. It is that parties should be encouraged so far as possible to settle their disputes without resort to litigation and should not be discouraged by the knowledge that anything that is said in the course of such negotiations (and that includes, of course, as much the failure to reply to an offer as an actual reply) may be used to their prejudice in the course of the proceedings. They should, as it was expressed by Clauson J. in Scott Paper Co. v. Drayton Paper Works Ltd. (1927) 44 R.P.C. 151, 156, be encouraged fully and frankly to put their cards on the table. The public policy justification, in truth, essentially rests on the desirability of preventing statements or offers made in the course of negotiations for settlement being brought before the court of trial as admissions on the question of liability.’
The rule applies to exclude all negotiations genuinely aimed at settlement whether oral or in writing from being given in evidence. A competent solicitor will always head any negotiating correspondence ‘without prejudice’ to make clear beyond doubt that in the event of the negotiations being unsuccessful they are not to be referred to at the subsequent trial. However, the application of the rule is not dependent upon the use of the phrase ‘without prejudice’ and if it is clear from the surrounding circumstances that the parties were seeking to compromise the action, evidence of the content of those negotiations will, as a general rule, not be admissible at the trial and cannot be used to establish an admission or partial admission.’
and ‘As a practical matter, a consciousness of a risk as to costs if reasonable offers are refused can only encourage settlement whilst, on the other hand, it is hard to imagine anything more calculated to encourage obstinacy and unreasonableness than the comfortable knowledge that a litigant can refuse with impunity whatever may be offered to him even if it is as much as or more than everything to which he is entitled in the action.’
Oliver LJ, Fox LJ
[1984] Ch 290, [1983] EWCA Civ 8, [1984] 2 WLR 349, [1984] 1 All ER 597
Bailii
England and Wales
Citing:
Cited – Calderbank v Calderbank CA 5-Jun-1975
Letter Without Prejudice Save as to Costs
Husband and wife disputed provision under 1973 Act, and a summons under section 17 of the 1882 Act. The wife had offered to transfer a house to H occupied by his mother, worth about pounds 12,000, in return for him leaving the matrimonial home. He . .
Cited – Scott Paper Co v Drayton Paper Works Ltd 1927
Parties to litigation should ‘be encouraged fully and frankly to put their cards on the table.’ . .
Cited – Walker v Wilsher CA 1889
Letters or conversations which were written or declared to be ‘without prejudice’ may not be taken into consideration in determining whether there is good cause for depriving a successful litigant of his costs.
Lord Esher MR said: ‘The letters . .
Cited – Hoghton v Hoghton CA 16-Apr-1852
When a person has made a large voluntary disposition the burden is thrown on the party benefitting to show that the disposition was made fairly and honestly and in full understanding of the nature and consequences of the transaction. Romilly MR . .
Cited – In Re Daintrey, Ex Parte Holt QBD 8-May-1893
The court was asked whether a letter could be admitted in evidence and relied upon as an act of bankruptcy. The letter was sent by the debtor to the creditor at a time when there was no dispute, headed ‘without prejudice’. It contained an offer of . .
Cited – Stotesbury v Turner 1943
Without prejudice negotiations are, as a matter of public policy, to be protected from disclosure to the court seized of the dispute. An arbitrator has the same discretion as to costs as has a High Court judge. . .
Cited – Tomlin v Standard Telephones and Cables Ltd CA 1969
Without prejudice material can be admitted if the issue is whether or not the negotiations resulted in an agreed settlement. Without considering the communications in question it would be impossible to decide whether there was a concluded settlement . .
Cited – McDonnell v McDonnell CA 1977
In family proceedings, a costs letter had been written in the form suggested in Calderbank.
Held: The court accepted and endorsed the practice suggested by Cairns LJ. Ormrod LJ said: ‘The important factor which distinguishes this case is the . .
Cited – Potter v Potter FD 1982
The court considered the admissibility of without prejudice correspondence on costs decisions. . .
Cited – Jones v Foxall CA 27-Mar-1852
Romilly MR deplored attempts to convert offers of compromise into admissions of acts prejudicial to the party making them, saying: ‘I find that the offers were in fact made without prejudice to the rights of the parties; and I shall, as far as I am . .
Cited – Transmountana Armadora v Atlantic Shipping 1978
Donaldson J discussed the nature of a sealed offer in arbitration proceedings: ‘Although the respondents’ offer of settlement has been referred to as an ‘open offer’, this is a misnomer. Offers of settlement in arbitral proceedings can be of three . .
Cited – Archital v Boot Construction 1981
. .
Cited – Cutts v Head and Another CA 7-Dec-1983
There had been a trial of 35 days regarding rights of way over land, which had proved fruitless, and where some orders had been made without jurisdiction. The result had been inconclusive. The costs order was now appealed, the plaintiff complaining . .
Cited – Computer Machinery v Drescher ChD 1983
Sir Robert Megarry VC said: ‘For reasons that will appear, I think that I should pause in my recital of the facts in order to say something about these two cases. For a long while it has been settled law that if letters written ‘without prejudice’ . .
Cited – In re D (J) ChD 1982
The patient, a widow had five children. After she became a mental inpatient the court was asked to draft a statutory will.
Held: The court emphasised the need to provide full details of the estate assets and family background. An order that a . .
Cited – Rabin v Mendoza and Co CA 1954
The plaintiffs sued the defendants for negligence in surveying a property. Before the action commenced a meeting had taken place between the plaintiffs’ solicitor and a partner in the defendants’ firm of surveyors to see if the matter could be . .
Cited by:
Cited – Berry Trade Ltd and Another v Moussavi and others CA 22-May-2003
A defendant appealed against an order admitting as evidence, records of ‘without prejudice’ conversations.
Held: Written and oral communications, which are made for the purpose of a genuine attempt to compromise a dispute between the parties, . .
Cited – Norris v Norris, Haskins v Haskins CA 28-Jul-2003
The court considered how orders for costs were to be made in ‘big money’ cases.
Held: There were two sets of rules. Cases should be considered by first applying the Civil Procedure Rules. This would allow the court to consider the full range . .
Cited – Butcher v Wolfe and Another CA 30-Oct-1998
The parties had been partners in a family farm. On dissolution there was a dispute as to apportionment of costs. An offer had been ‘without prejudice save as to costs’.
Held: Costs may be denied to a plaintiff who had received a Calderbank . .
Cited – Prudential Insurance Company of America v Prudential Assurance Company Ltd CA 31-Jul-2003
The appellant sought to restrain the use in proceedings in New Zealand and elsewhere of ‘without prejudice’ documents discovered in court proceedings here.
Held: It was not sensible to elide the distinction between the two sources of . .
Cited – Savings and Investment Bank Ltd (In Liquidation) v Fincken CA 14-Nov-2003
Parties to litigation had made without prejudice disclosures. One party sought to give evidence contradicting the dsclosure, and the other now applied for leave to amend based upon the without prejudice statements to be admitted to demonstrate the . .
Cited – Muller and Another v Linsley and Mortimer (A Firm) CA 8-Dec-1994
The plaintiff sued his former solicitors for professional negligence. The damages he sought to recover related to loss he suffered when dismissed as a director of a private company leading to a forced sale of his shares in the company. The plaintiff . .
Cited – Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs.Com Ltd CA 14-Jul-2004
Walker v Wilshire still Good Law
After successfully appealing, the defendant claimant argued for a substantial part of its costs, saying that the defendant had unreasonably refused ADR. To pursue this, it now sought disclosure of the details of the without prejudice negotiations . .
Cited – Crouch v King’s Healthcare NHS Trust CA 15-Oct-2004
The defendants sought approval of their practice of making a written offer to the claimants rather than making a payment into court. The offer had been accepted but only after the defendant had purported to withdraw it.
Held: ‘it certainly is . .
Cited – Rush and Tompkins Ltd v Greater London Council and Another HL 1988
Use of ‘Without Prejudice Save as to Costs”
A sub-contractor sought payment from the appellants under a construction contract for additional expenses incurred through disruption and delay. The appellants said they were liable to pay the costs, and were entitled to re-imbursement from the . .
Cited – Bradford and Bingley Plc v Rashid CA 22-Jul-2005
The claimant sought recovery of a shortfall having sold the defendant’s house for a sum insufficient to clear the mortgage debt, and produced two letters which they claimed acknowledged the debt and restarted the limitation period running. The . .
Cited – Bradford and Bingley Plc v Rashid HL 12-Jul-2006
Disapplication of Without Prejudice Rules
The House was asked whether a letter sent during without prejudice negotiations which acknowledged a debt was admissible to restart the limitation period. An advice centre, acting for the borrower had written, in answer to a claim by the lender for . .
Followed – Daks Simpson Group plc v Kuiper 1994
The creditor sought summary judgment for an account for commissions earned. In a ‘without prejudice’ letter the defendant’s director said that he was prepared to accept that he had received such commissions in stated amounts.
Held: Lord . .
Cited – Framlington Group Ltd and Another v Barnetson CA 24-May-2007
The defendant had sought an order requiring the claimant to remove from a witness statement elements referring to without prejudice discussions between the parties before litigation began.
Held: The defendant’s appeal succeeded. The test for . .
Cited – Cutts v Head and Another CA 7-Dec-1983
There had been a trial of 35 days regarding rights of way over land, which had proved fruitless, and where some orders had been made without jurisdiction. The result had been inconclusive. The costs order was now appealed, the plaintiff complaining . .
Cited – Brown v Rice and Another ChD 14-Mar-2007
The parties, the bankrupt and her trustee, had engaged in a mediation which failed at first, but applicant said an agreement was concluded on the day following. The defendants denied this, and the court as asked to determine whether a settlement had . .
Cited – Rush and Tomkins Ltd v Greater London Council HL 3-Nov-1988
The parties had entered into contracts for the construction of dwellings. The contractors sought payment. The council alleged shortcomings in the works. The principal parties had settled the dispute, but a sub-contractor now sought disclosure of the . .
Cited – BNP Paribas v A Mezzotero EAT 30-Mar-2004
EAT Appeal from ET’s decision, at directions hearing, permitting evidence to be adduced, at the forthcoming hearing of a direct sex discrimination and victimisation complaint, of the Applicant’s allegation that, . .
Cited – Ofulue and Another v Bossert HL 11-Mar-2009
The parties disputed ownership of land, one claiming adverse possession. In the course of negotations, the possessor made a without prejudice offer to purchase the paper owner’s title. The paper owner claimed that this was an acknowledgement under . .
Cited – Oceanbulk Shipping and Trading Sa v TMT Asia Ltd CA 15-Feb-2010
The parties had settled their disagreement, but now disputed the interpretation of the settlement. The defendant sought to be allowed to give in evidence correspondence leading up to the settlement which had been conducted on a without prejudice . .
Cited – Brodie v Ward (T/A First Steps Nursery) EAT 7-Feb-2007
EAT Practice and Procedure – without prejudice letter
The EAT held that the Employment Tribunal was correct in excluding a solicitor’s without prejudice letter in other proceedings which the Appellant . .
Cited – Oceanbulk Shipping and Trading Sa v TMT Asia Ltd and Others SC 27-Oct-2010
The court was asked whether facts which (a) are communicated between the parties in the course of without prejudice negotiations and (b) would, but for the without prejudice rule, be admissible as part of the factual matrix or surrounding . .
Cited – Berkeley Square Holdings and Others v Lancer Property Asset Management Ltd and Others ChD 1-May-2020
Application by the Claimants to strike out parts of the Defence as an abuse of process and an application by the Defendants to amend their Defence. However, both applications turn on the question whether certain facts on which the Defendants seek to . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Costs
Leading Case
Updated: 10 December 2021; Ref: scu.182471
A sub-contractor sought payment from the appellants under a construction contract for additional expenses incurred through disruption and delay. The appellants said they were liable to pay the costs, and were entitled to re-imbursement from the client, the respondent. The claim was compromised but without disclosing the detail underlying the sum agreed. The sub-contractor then claimed an additional sum, and sought disclosure of documents which had passed between the parties. The appellants claimed the protection of the ‘without prejudice’ rule.
Held: The Court will not permit the phrase to be used to exclude an act of bankruptcy or to suppress a threat if an offer is not accepted. The exception for offers expressly made ‘without prejudice except as to costs’ was recognised to be based on an express or implied agreement between the parties.
Lord Griffiths said: ‘The rule applies to exclude all negotiations genuinely aimed at settlement whether oral or in writing from being given in evidence. A competent solicitor will always head any negotiating correspondence ‘without prejudice’ to make clear beyond doubt that in the event of the negotiations being unsuccessful they are not to be referred to at the subsequent trial. However, the application of the rule is not dependent upon the use of the phrase ‘without prejudice’ and if it is clear from the surrounding circumstances that the parties were seeking to compromise the action, evidence of the content of those negotiations will, as a general rule, not be admissible at the trial and cannot be used to establish an admission or partial admission. I cannot therefore agree with the Court of Appeal that the problem in the present case should be resolved by a linguistic approach to the meaning of the phrase ‘ without prejudice ‘. I believe that the question has to be looked at more broadly and resolved by balancing two different public interests namely the public interest in promoting settlements and the public interest in full discovery between parties to litigation.’
However: ‘These cases show that the rule is not absolute and resort may be had to the ‘without prejudice’ material for a variety of reasons when the justice of the case requires it. It is unnecessary to make any deep examination of these authorities to resolve the present appeal but they all illustrate the underlying purpose of the rule which is to protect a litigant from being embarrassed by any admission made purely in an attempt to achieve a settlement.’
Lord Griffiths said: ‘The ‘without prejudice’ rule is ‘a rule governing the admissibility of evidence founded on the public policy of encouraging litigants to settle their differences rather than litigate them to a finish’. To try to identify admissions and withhold protection from the rest of without prejudice communications would be contrary to the objective of giving protection to the parties ‘to speak freely about all issues in the litigation both factual and legal when seeking compromise and, for the purpose of establishing a basis of compromise, admitting certain facts.’
Lord Bridge of Harwich, Lord Brandon of Oakbrook, Lord Griffiths, Lord Oliver of Aylmerton, Lord Goff of Chieveley
[1989] AC 1280, [1988] UKHL 7, [1988] 3 All ER 737
Bailii
England and Wales
Citing:
Cited – Cutts v Head and Another CA 7-Dec-1983
There had been a trial of 35 days regarding rights of way over land, which had proved fruitless, and where some orders had been made without jurisdiction. The result had been inconclusive. The costs order was now appealed, the plaintiff complaining . .
Cited – Waldridge v Kennison 1794
A without prejudice admission that a document was in the handwriting of one of the parties was received in evidence because it was independent of the merits of the case. . .
Cited – Tomlin v Standard Telephones and Cables Ltd CA 1969
Without prejudice material can be admitted if the issue is whether or not the negotiations resulted in an agreed settlement. Without considering the communications in question it would be impossible to decide whether there was a concluded settlement . .
Cited – Walker v Wilsher CA 1889
Letters or conversations which were written or declared to be ‘without prejudice’ may not be taken into consideration in determining whether there is good cause for depriving a successful litigant of his costs.
Lord Esher MR said: ‘The letters . .
Cited – In Re Daintrey, Ex Parte Holt QBD 8-May-1893
The court was asked whether a letter could be admitted in evidence and relied upon as an act of bankruptcy. The letter was sent by the debtor to the creditor at a time when there was no dispute, headed ‘without prejudice’. It contained an offer of . .
Cited – Rabin v Mendoza and Co CA 1954
The plaintiffs sued the defendants for negligence in surveying a property. Before the action commenced a meeting had taken place between the plaintiffs’ solicitor and a partner in the defendants’ firm of surveyors to see if the matter could be . .
Cited – Stretton v Stubbs Ltd CA 28-Feb-1905
(1905) The plaintiff, an artist had a judgment against him by a picture frame maker. It had been entered by consent under an agreement with the plaintiff’s solicitor that no publicity should be given to the result of the action. Nevertheless, the . .
Cited – O’Rourke v Darbishire HL 1920
Sir Joseph Whitworth had died in 1887. In 1884 he had made a will appointing three executors and leaving his residuary estate to charity. By a codicil made in 1885 he altered his will to leave his ultimate residue to his executors for their own . .
Cited – Schetky v Cochrane and the Union Funding Co 1918
(Court of Appeal in British Columbia) The court ordered oral discovery to be given to a defendant of negotiations between the plaintiff and another defendant in the action but held that on the trial there would be no higher right to use the . .
Cited – Derco Industries Ltd v A R Grimwood Ltd, Insurance Corporation of British Columbia and PLC Construction Ltd 1985
(British Columbia) Lambert J.A said about the without prejudice rule: ‘to the extent that there is a rule that prevents the production of documents that were prepared in the course of negotiations leading to a concluded settlement, it is my opinion . .
Cited – Compagnie Financiere du Pacifique v Peruvian Guano Co CA 1882
Brett LJ defined the test to identify which documents are relevant for disclosure in court proceedings: ‘It seems to me that every document relates to the matters in question in the action, which not only would be evidence upon any issue, but also . .
Cited – I Waxman and Sons Ltd v Texaco Canada Ltd 2-Jan-1968
(Court of Appeal of Ontario) The court approved the decision below. . .
Cited – I Waxman and Sons Ltd v Texaco Canada Ltd 1968
(Ontario High Court) Fraser J said: ‘I am of opinion that in this jurisdiction a party to a correspondence within the ‘without prejudice’ privilege is, generally speaking, protected from being required to disclose it on discovery or at trial in . .
Cited – Chocoladefabriken Lindt and Sprungli AG and another v The Nestle Co Ltd 1978
Megarry V-C said that the mere failure to use the expression ‘without prejudice’ is not decisive of whether the letter is such. The question is whether the letters were written in an attempt to compromise actual or pending litigation and, if so, . .
Cited by:
Cited – Prudential Insurance Company of America v Prudential Assurance Company Ltd CA 31-Jul-2003
The appellant sought to restrain the use in proceedings in New Zealand and elsewhere of ‘without prejudice’ documents discovered in court proceedings here.
Held: It was not sensible to elide the distinction between the two sources of . .
Cited – In re a Company (No 007466 of 2003) ChD 19-Jan-2004
The company had published and filed its accounts, but sought to file revised accounts. The Registrar of companies refused permission, and the company asked the court to require the registrar to allow it by virtue of the court’s inherent . .
Cited – Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs.Com Ltd CA 14-Jul-2004
Walker v Wilshire still Good Law
After successfully appealing, the defendant claimant argued for a substantial part of its costs, saying that the defendant had unreasonably refused ADR. To pursue this, it now sought disclosure of the details of the without prejudice negotiations . .
Cited – Bradford and Bingley Plc v Rashid CA 22-Jul-2005
The claimant sought recovery of a shortfall having sold the defendant’s house for a sum insufficient to clear the mortgage debt, and produced two letters which they claimed acknowledged the debt and restarted the limitation period running. The . .
Cited – Xydhias v Xydhias CA 21-Dec-1998
The principles of contract law are of little use when looking at the course of negotiations in divorce ancillary proceedings. In the case of a dispute the court must use its own discretion to determine whether agreement had been reached. Thorpe LJ . .
Cited – Bradford and Bingley Plc v Rashid HL 12-Jul-2006
Disapplication of Without Prejudice Rules
The House was asked whether a letter sent during without prejudice negotiations which acknowledged a debt was admissible to restart the limitation period. An advice centre, acting for the borrower had written, in answer to a claim by the lender for . .
Cited – Framlington Group Ltd and Another v Barnetson CA 24-May-2007
The defendant had sought an order requiring the claimant to remove from a witness statement elements referring to without prejudice discussions between the parties before litigation began.
Held: The defendant’s appeal succeeded. The test for . .
Cited – Jamie v Management Solution Partners Ltd EAT 31-Jan-2006
The claimant received an email from his employers and resigned claiming unfair dismissal saying that it was repudiatory. The employers objected to the admission of the email into evidence saying that it was marked without prejudice and subject to . .
Cited – Williams v Hull ChD 19-Nov-2009
The parties had bought a house together, but disputed the shares on which it was held. The appeal was on the basis that a without prejudice letter had been redacte and then wrongly admitted as not in fact without prejudice, an as an unambiguous . .
Cited – Oceanbulk Shipping and Trading Sa v TMT Asia Ltd CA 15-Feb-2010
The parties had settled their disagreement, but now disputed the interpretation of the settlement. The defendant sought to be allowed to give in evidence correspondence leading up to the settlement which had been conducted on a without prejudice . .
Cited – Brodie v Ward (T/A First Steps Nursery) EAT 7-Feb-2007
EAT Practice and Procedure – without prejudice letter
The EAT held that the Employment Tribunal was correct in excluding a solicitor’s without prejudice letter in other proceedings which the Appellant . .
Cited – Oceanbulk Shipping and Trading Sa v TMT Asia Ltd and Others SC 27-Oct-2010
The court was asked whether facts which (a) are communicated between the parties in the course of without prejudice negotiations and (b) would, but for the without prejudice rule, be admissible as part of the factual matrix or surrounding . .
Cited – Berkeley Square Holdings and Others v Lancer Property Asset Management Ltd and Others ChD 1-May-2020
Application by the Claimants to strike out parts of the Defence as an abuse of process and an application by the Defendants to amend their Defence. However, both applications turn on the question whether certain facts on which the Defendants seek to . .
Cited – V v W FC 2-Dec-2020
FDR Appointment Must Remain Confidential
XYZ had been appointed to value a family company within financial relief proceedings, but on seeking payment of their fees, and facing a counterclaim alleging negligence, they sought disclosure of the transcript of the Financial Dispute Resolution . .
Lists of cited by and citing cases may be incomplete.
Evidence, Costs
Leading Case
Updated: 10 December 2021; Ref: scu.186458
The solicitor appealed against a wasted costs order made against him. The council had sought possession of a tenanted property, and the solicitors acting for the tenant had applied for a stay of execution on the basis that the original order was over six years old. A further hearing was abortive when a point arose which the solicitors had not anticipated, and a wasted costs order was made.
Held: The orders were set aside. The shortcoming was not such as to be ‘unreasonable conduct’ worthy of a costs order.
Thorpe LJ, Rimer Lj
[2008] EWCA Civ 1120
Bailii
Supreme Court Act 1981 51
England and Wales
Legal Professions, Costs
Updated: 06 December 2021; Ref: scu.277078
[2020] EWHC 2214 (Comm)
Bailii
England and Wales
Citing:
Cited – KFW v Singal ComC 18-Aug-2020
Claims under guarantee agreements . .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 06 December 2021; Ref: scu.653901
‘The issue for determination on this appeal is whether the order of Upper Tribunal Judge Jacobs dated 25 July 2016, ordering that the appellant should pay the Secretary of State her costs of her summary grounds of defence filed in judicial review proceedings begun by the appellant for a decision on his asylum claim in the sum of pounds 1,760, discloses any error of law.’
Arden LJ
[2018] EWCA Civ 1183
Bailii
England and Wales
Immigration, Costs
Updated: 06 December 2021; Ref: scu.617300
The court considered the costs award to be made on the appeal to the High Court from a Land registry adjudicator.
Held: No costs order should be made.
Morgan J
[2012] EWHC 1696 (Ch)
Bailii
England and Wales
Citing:
Main judgment – Paton and Another v Todd ChD 11-May-2012
The claimants sought leave to appeal against rejection of their request made to the Deputy Adjudicator for the rectification of the title to land they claimed title to land which was registered to the respondent neighbour.
Held: The claimant’s . .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 06 December 2021; Ref: scu.460588
Appeal against costs order on judgment by consent in action by beneficiaries for removal of trust fund trustees.
Mr Justice Briggs,
With Assessors,
Master Rogers,
And,
Mr David Harris
[2008] EWHC 910 (Ch), [2008] 4 Costs LR 626, [2008] WTLR 1649
Bailii
England and Wales
Costs, Trusts
Updated: 06 December 2021; Ref: scu.267368
Costs of and occasioned by Mrs Lilleyman’s claim for reasonable financial provision from the net estate of her late husband.
Mr Justice Briggs
[2012] EWHC 1056 (Ch), [2013] 1 Costs LR 25, [2013] 1 All ER 325, [2012] WTLR 1033, [2012] 1 WLR 2801, [2013] 1 FCR 219, [2013] 1 FLR 69, [2012] Fam Law 949
Bailii
England and Wales
Wills and Probate, Costs
Updated: 06 December 2021; Ref: scu.453019
Lord Justice Munby,
(Sitting as a Judge of the Family Division)
[2011] EWHC 3017 (Fam), [2012] 1 FLR 466
Bailii
England and Wales
Costs
Updated: 06 December 2021; Ref: scu.450358
The lessor of the plaintiff in an action of ejectment, being resident abroad, was required to give security for costs.
[1786] EngR 125, (1786) 1 TR 267, (1786) 99 ER 1087 (A)
Commonlii
England and Wales
Cited by:
Cited – MG v AR FD 16-Nov-2021
Family Case: Costs Security depends on Case Merits
Application for security for costs in family cases.
Held: In contrast to civil cases generally, in a family case the merits of the application and the strength of the defence necessarily have to be carefully considered. It is only by . .
See Also – Pray And Others v Edie 28-Jun-1786
. .
Lists of cited by and citing cases may be incomplete.
Costs, Landlord and Tenant
Updated: 06 December 2021; Ref: scu.371488
FTTTx COSTS – application for wasted costs order against representative – appeals struck out under unless order – finding that representative unreasonably and negligently failed to check identity of persons instructing it – wasted costs order made against representative
[2014] UKFTT 574 (TC)
Bailii
Costs
Updated: 05 December 2021; Ref: scu.526919
COSTS -appeal against penalty for failure to comply with information notice – appeal withdrawn two days before hearing – HMRC applied for costs without costs schedule – whether extension of time to be granted for provision of schedule – Mitchell considered – yes – whether appeal had reasonable prospect of success – no – whether appellant’s conduct in bringing and maintaining appeal unreasonable – yes – costs awarded
[2014] UKFTT 420 (TC)
Bailii
England and Wales
Costs
Updated: 05 December 2021; Ref: scu.526869
In litigation where there are split issues (such as liability preceding quantum), where no offer to settle the litigation under CPR Part 36 has been made, and where one party makes a without prejudice save as to costs offer covering the entirety of the litigation (‘a Calderbank offer’) how might the discretion as to costs under CPR 44.2 be exercised? In particular, where the judge is aware of the existence of the Calderbank offer but unaware of the date it was made, or as to its terms, is the judge, in effect, bound to treat such an offer as equivalent to an offer under CPR 36 and defer a ruling on costs until the conclusion of all stages of the litigation?
Lord Justice Lewison, Lord Justice Green And Lord Justice Nugee
[2021] EWCA Civ 1792
Bailii
Civil Procedure Rules 36 44.2
England and Wales
Costs
Updated: 05 December 2021; Ref: scu.670079
Lady Justice King
[2018] EWCA Civ 240, [2018] 2 FCR 253, [2018] 2 Costs LO 169, [2018] 2 FLR 690
Bailii
England and Wales
Children, Costs
Updated: 04 December 2021; Ref: scu.605311
The defendant accepted liability for the claimant’s costs but argued that the manner of conduct of the claimant’s case had unreasonably inflated the costs.
Edwards-Stuart J
[2014] EWHC 1800 (TCC)
Bailii
Costs
Updated: 04 December 2021; Ref: scu.526442
McCombe J
[2014] EWCA Civ 757
Bailii
England and Wales
Costs
Updated: 04 December 2021; Ref: scu.526420
The ruling published deals with the issue of costs. In summary, the judgment rules in anonymized form on a case whereby a complainant received a no determination outcome. However, upon subsequent withdrawal of the complaint, the Tribunal was asked to consider the recovery of costs borne by the Respondent, a public authority.
[2011] UKIPTrib 09 – 134
Bailii
England and Wales
Costs, Human Rights
Updated: 03 December 2021; Ref: scu.525982
Cranston J
[2014] EWHC 1513 (QB), [2014] 4 Costs LO 668
Bailii
England and Wales
Costs
Updated: 03 December 2021; Ref: scu.525799
Patterson J
[2014] EWHC 1515 (QB), [2014] 4 Costs LO 652
Bailii
England and Wales
Costs
Updated: 03 December 2021; Ref: scu.525798
‘The paying parties appeal against a decision of the High Court reversing a decision of the costs judge, whereby he declined to set aside his earlier order granting an extension of time for serving the points of dispute. The principal issues in this appeal are whether the costs judge was dealing with relief from sanctions and whether he exercised his case management discretion in a proper manner.’
Held: The judge ought not to have interfered with the costs judge’s exercise of discretion. The appeal was allowed. An application for an extension of the time allowed to take any particular step in litigation is not an application for relief from sanctions, provided that the applicant files his application notice before expiry of the permitted time period. This is the case even if the court deals with that application after the expiry of the relevant period.
Jackson, Lewison, Christopher Clarke LJJ
[2014] EWCA Civ 661, [2014] 4 Cost LR 660
Bailii
Civil Procedure Rules 1998 47.9
England and Wales
Citing:
Cited – Robert v Momentum Services Ltd CA 11-Feb-2003
The claimant appealed against an order refusing an extension of time for service of her particulars of claim. She had made the application before the period expired.
Held: The rules made a clear distinction between applications made before . .
Cited – Mitchell MP v News Group Newspapers Ltd CA 27-Nov-2013
(Practice Note) The claimant brought defamation proceedings against the defendant newspaper. His solicitors had failed to file his costs budget as required, and the claimant now appealed against an order under the new Rule 3.9, restricting very . .
Cited by:
Cited – Lachaux v Independent Print Ltd and Others QBD 29-Jun-2015
Orders allowing extension of time for service of the Particulars of Claim. . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Costs
Updated: 03 December 2021; Ref: scu.525626
Appeal from costs order for payment on an indemnity basis of costs of second defendant.
[2014] EWCA Civ 628
Bailii
England and Wales
Costs
Updated: 03 December 2021; Ref: scu.525612
FTTTx COSTS – Complex appeals- appeals from group companies concerned in a scheme designed to achieve a deduction for a loan relationship debit in one (the Borrower) without giving rise to a corresponding taxable amount in the Lender or another group company (the Share Recipient) – Tribunal allowed appeals of Lender and Borrower, but dismissed appeal of Share Recipient – costs order – identification of successful party – whether successful party should recover in respect of all issues – whether costs awarded to a successful appellant should be paid by HMRC or by the unsuccessful appellant – applicability of Bullock or Sanderson order
[2014] UKFTT 397 (TC)
Bailii
Taxes – Other, Costs
Updated: 03 December 2021; Ref: scu.525405
Walker J
[2014] EWHC 821 (QB)
Bailii
England and Wales
Citing:
See Also – Assaubayev and Others v Michael Wilson and Partners Ltd SCCO 26-Oct-2012
. .
Lists of cited by and citing cases may be incomplete.
Costs, Arbitration, Jurisdiction
Updated: 03 December 2021; Ref: scu.525159
[1864] EngR 273, (1864) 3 Sw and Tr 390, (1864) 164 ER 1326
Commonlii
England and Wales
Costs
Updated: 03 December 2021; Ref: scu.281987
Appeal from refusal of Legal Services Payment Order
The Honourable Mr Justice Cohen
[2020] EWHC 1668 (Fam)
Bailii
England and Wales
Children, Costs
Updated: 03 December 2021; Ref: scu.657621
This is a decision on costs in relation to a hearing in which an oral decision was given refusing a request to decline to deal. The claimant was awarded costs based on the standard scale
Mr A C Howard
PCT/GB2007/001060 EP2007897 B1, O/082/14, [2014] UKIntelP o08214
Bailii
England and Wales
Intellectual Property, Costs
Updated: 02 December 2021; Ref: scu.523949
[2014] EWCC B36 (Fam)
Bailii
England and Wales
Children, Costs
Updated: 02 December 2021; Ref: scu.523873
Andrew Grubb HHJ
[2014] EWHC 1197 (Admin)
Bailii
England and Wales
Education, Costs
Updated: 02 December 2021; Ref: scu.523817
Application by the defendant, the Director of the Serious Fraud Office for security for costs against the second claimant.
Eder J
[2014] EWHC 1103 (Comm)
Bailii
England and Wales
Costs
Updated: 02 December 2021; Ref: scu.523700
Post appeal assessments as to costs etc for final order.
Moses, Black, Kitchin LJJ
[2014] EWCA Civ 408
Bailii
Council Regulation (EC) No 6/2002
England and Wales
Citing:
At PatC – Magmatic Ltd v PMS International Ltd PatC 11-Jul-2013
The claimant manufactured and sold the ‘Trunki’ a child’s ride on suitcase. The defendant imported and sold a similar product. Claims were now made alleging infringement of (i) Community Registered Design, (ii) design rights in a number of designs . .
Main CA – Magmatic Ltd v PMS International Ltd CA 28-Feb-2014
The parties disputed an alleged infringement of a registered design in the Trunki, a child’s suitcase designed to be ridden on, and other infringements of copyright in the packaging. PMS now appealed on the issue of whether the defendant’s Kiddee . .
Cited by:
CA Order – PMS International Group Plc v Magmatic Ltd SC 9-Mar-2016
Overall Impression of Design is a Judgment
The respondent had alleged infringement of its registered design in the ‘Trunki’, a ride-on children’s suitcase. At first instance, the judge had held that the surface decorations were to be ignored. On appeal it had been held that the judge had . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Costs
Updated: 02 December 2021; Ref: scu.523654
Brown HHJ
[2014] EW Misc 36 (CC)
Bailii
England and Wales
Costs
Updated: 02 December 2021; Ref: scu.523590
UTTC After perusing the respondents’ application for a direction in respect of their costs of and incidental to the appellant’s application for permission to appeal, there having been no representations thereon by the appellant, It is directed that the application is dismissed.
[2014] UKUT B3 (TCC)
Bailii
England and Wales
VAT, Costs
Updated: 02 December 2021; Ref: scu.523486
Hamblen J
[2014] EWHC 796 (Comm), [2014] 3 Costs LR 532
Bailii
England and Wales
Cited by:
SeeAlso – Lakatamia Shipping Company Ltd v Su and Others CA 14-May-2014
The claimant had obtained a freezing order in standard form against the defendant company. The Director of the company had similar sole positions in three other companies. The claimant obtained a similar order against the assets of the other . .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 02 December 2021; Ref: scu.523286
Patten, Gloster, Sharp LJJ
[2014] EWCA Civ 363
Bailii
England and Wales
Costs
Updated: 02 December 2021; Ref: scu.523298
Mostyn J
[2014] EWHC 392 (Fam)
Bailii
England and Wales
Family, Costs
Updated: 01 December 2021; Ref: scu.521974
F appealed against a placement order in respect of his daughter. The court was asked whether the judgment had been based upon proper evidence and reasoned sufficiently.
Held: The appeal was allowed, an interim care order is substituted in place of the full care order made and the case is remitted to HHJ Karp for further case management directions and, ultimately re-hearing.
It was ordered that the local authority should pay the father’s legal costs because it had resisted the appeal, and it was necessary not to deter a parent from challenging decisions which impact on the most crucial of human relationships. The principle in In re T was not applicable to appeals.
Macur DBE, Sharp DBE JJ, Sir Robin Jacob
[2014] EWCA Civ 135, [2015] 1 FLR 130
Bailii
England and Wales
Cited by:
Appeal from – Re S (A Child) SC 25-Mar-2015
The Court was asked as to the proper approach to ordering the unsuccessful party to pay the costs of a successful appeal in cases about the care and upbringing of children. It arises in the specific context of a parent’s successful appeal to the . .
Lists of cited by and citing cases may be incomplete.
Children, Costs
Updated: 01 December 2021; Ref: scu.521937
[2021] EWHC 2803 (Comm)
Bailii
England and Wales
Citing:
See Also – Serious Fraud Office and Another v Litigation Capital Ltd and Others ComC 24-Feb-2020
. .
See Also – The Serious Fraud Office and Another v Litigation Capital Ltd ComC 20-May-2020
Hearing of the latest case management conference in a case involving competing claims to interests in a variety of assets. . .
See Also – The Serious Fraud Office and Another v Litigation Capital Ltd ComC 21-Dec-2020
. .
See Also – The Serious Fraud Office and Another v Litigation Capital Ltd and Others ComC 18-May-2021
. .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 01 December 2021; Ref: scu.668659
[2013] EWHC 1720 (QB), [2014] 1 Costs LO 15
Bailii
England and Wales
Costs
Updated: 30 November 2021; Ref: scu.510961
Level of success fee of claimant’s solicitor.
[2018] EWHC 3570 (QB)
Bailii
England and Wales
Costs
Updated: 30 November 2021; Ref: scu.632219
FTTTx COSTS – On 12 November 2013 HMRC conceded all disputed matters in a standard category appeal listed for hearing on 22 November 2013 – Appeal settled by agreement on 19 November 2013 – Failure of HMRC to comply with Directions – Whether HMRC acted unreasonably in defending or conducting proceedings – Rule 10(1)(b) Tribunal Procedure (First-tier Tribunal)(Tax Chamber) Rules 2009
[2014] UKFTT 108 (TC)
Bailii
England and Wales
Costs
Updated: 30 November 2021; Ref: scu.521715
The applicant had paid a sum into court by way of costs to allow him to appeal the decision. That appeal was denied, and he turned instead to the European Court of Human Rights. The defendant applied for the sum to be paid out, and the applicant that it be left in court pending the application to the European Court.
Held: The money had been paid in expressly pending the determination of the Court of Appeal. That had been paid out, and there remained no reason for the defendant to be kept out of his costs.
Justice Stanley Burnton
[2001] EWHC Admin 1068
Bailii
England and Wales
Costs
Updated: 30 November 2021; Ref: scu.167372
The court was asked whether the First-Tier Tribunal (Tax Chamber) had jurisdiction to make an order that the costs of preparing hearing bundles for a substantive appeal by the appellant taxpayer should be shared equally between the taxpayer and the Commissioners for Her Majesty’s Revenue and Customs. Held; The taxpayer’s appeal failed.
Moses, Black, Kitchin LJJ
[2014] EWCA Civ 184
Bailii
England and Wales
Citing:
See Also – Eclipse Film Partners No 35 Llp v Revenue and Customs SCIT 17-Feb-2009
SCIT Closure notice – application for direction to close enquiry into tax return – limited liability partnership – s 28B Taxes Management Act 1970 – direction for closure within three months . .
See Also – Eclipse Film Partners No. 35 Llp v Revenue and Customs FTTTx 22-Sep-2010
FTTTx INCOME TAX – Applications by the parties for further directions – whether departure by HMRC unilaterally from the timetable for preparation for the appeal set down in agreed directions, causing additional . .
At FTTTx – Eclipse Film Partners No 35 Llp v Revenue and Customs FTTTx 22-Jun-2011
FTTTx Expert evidence – application for a direction to exclude expert evidence – whether expert evidence inadmissible on grounds that it is an opinion as to UK tax and therefore trespasses on the special . .
See Also – Eclipse Film Partners No 35 Llp v Revenue and Customs FTTTx 20-Apr-2012
FTTTx Income tax – limited liability partnership acquired licence to film rights and sub-licensed rights to distributor – complex financing arrangements involving loans to members of the partnership and . .
See Also – HM Revenue and Customs v Eclipse Film Partners No35 Llp UTTC 22-Mar-2013
UTTC Procedure – costs – whether, in a case where the taxpayer has opted out of the Complex costs regime, the First-tier Tribunal has the power to order that the parties share the costs of the appellant complying . .
Cited by:
See Also – Eclipse Film Partners No 35 Llp v HM Revenue and Customs CA 17-Feb-2015
Appeal against closure notice. . .
At CA – Eclipse Film Partners No 35 Llp v Revenue and Customs SC 11-May-2016
The issue raised on this appeal concerns the extent to which the jurisdiction of the First-tier Tribunal to make an order for costs is fettered by the provisions of the Rules regulating the procedure of the Tribunal.
Held: With one exception, . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Costs
Updated: 30 November 2021; Ref: scu.521622
Applications for costs after freezing order.
David Cooke HHJ
[2013] EWHC 4514 (Ch)
Bailii
England and Wales
Costs
Updated: 30 November 2021; Ref: scu.521600
Rimer, McFarlane LJJ, Sir Robin Jacob
[2014] EWCA Civ 106, [2014] 3 Costs LO 355
Bailii
England and Wales
Costs, Housing
Updated: 30 November 2021; Ref: scu.521489
It is an irregularity for a costs budget to fail to set out the Statement of truth in full.
Stuart-Smith J
[2014] EWHC 284 (TCC)
Bailii
Cited by:
Cited – Americhem Europe Ltd v Rakem Ltd TCC 13-Jun-2014
americhem_rakemTCC0614
Complaint was made that a costs estimate had been signed not by a solicitor, but by a costs draftsman.
Held: The rules required the estimate to have been signed by a ‘senior legal representative’. A costs draftsman whose involvement in the . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Costs
Updated: 29 November 2021; Ref: scu.521246
Norris J
[2014] EWHC 209 (Ch)
Bailii
England and Wales
Costs
Updated: 29 November 2021; Ref: scu.521167