Category: Costs

Groupama Insurance Company Limited v Overseas Partners Re Limited Andaon Limited: CA 17 Dec 2003

The court overruled the refusal of a trial judge to award any costs at all to a successful defendant in the Commercial Court and substituted an order that it be allowed 90% of its costs of the action (the discount of 10% being attributable to the conduct to which the judge had taken exception).

Judges:

Lord Justice Brooke Lord Justice Latham Dame Elizabeth Butler-Sloss

Citations:

[2003] EWCA Civ 1846

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Groupama Insurance Company Ltd v Overseas Partners Re Ltd and Another ComC 21-Feb-2003
. .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 18 November 2022; Ref: scu.188907

P and O Nedlloyd BV Aktieselskabet Dampskibsselskabet Svendborg v Utaniko Limited/East West Corporation (No 2): CA 19 Feb 2003

The claimants had made a Part 36 offer at first instance, but the matter was appealed. Having won at appeal they sought their costs on an indemnity basis of the appeal also.
Held: If a party wished to protect itself by a Part 36 offer, it must be made both at first instance, and again before the appeal.

Judges:

Lord Justice Laws, Lord Justice Brooke, Lord Justice Mance

Citations:

Times 21-Feb-2003, [2003] EWCA Civ 174, Gazette 10-Apr-2003, [2003] 1 Lloyd’s Rep 265, [2003] 4 Costs LR 531, [2003] CPLR 319

Links:

Bailii

Statutes:

Civil Procedure Rules 36

Jurisdiction:

England and Wales

Cited by:

Cited – Cel Group Ltd v Nedlloyd Lines UK Ltd and Another CA 18-Dec-2003
The defendant sought indemnity costs with interest at an enhanced rate. It had made on offer of settlement which was rejected. CEL objected that the defendant had the benefit of a conditional fee agreement.
Held: The conditional fee agreement . .
Lists of cited by and citing cases may be incomplete.

Costs, Civil Procedure Rules

Updated: 18 November 2022; Ref: scu.179488

Penningtons (a Firm) v Brown: CA 30 Apr 1998

The claim concerned the plaintiffs claim for costs having represented the defendant successfully. They delivered a bill which detailed disbursements, and gave a 14 line narrative, but no other detail. The defendant requested more detail, being unaware as to the consequences as to a gross sum or bill containing detailed items. Was his request a request for more details of the gross sum bill, or for a bill containing detailed items?
Held: The question must be looked at as to the substance of the request made. The intimation of taking the matter to taxation was a reference to the existing bill, not a request for a new one. The plaintiffs might have been better advised to seek clarification of the defendant’s request. However in this case the request was for a detailed bill, and the case must proceed on that basis with the risk if an increased charge to the defendant.

Judges:

Lord Justice Pill, Sir John Vinelott

Citations:

[1998] EWCA Civ 750

Links:

Bailii

Statutes:

Solicitors Act 1974 64(2)

Jurisdiction:

England and Wales

Citing:

Cited – In re Taxation of Costs In re Solicitors 1943
. .
Cited – Carlton v Theodore Goddard and Co ChD 1973
A solicitor sought to rely on a letter from his client as justifying the presentation of a new and larger bill.
Held: ‘there is the question whether the plaintiff ever required the defendants to deliver to him in lieu of the gross sum bill ‘a . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 18 November 2022; Ref: scu.144228

Russell v Van Overwaele: SCSF 2 Mar 2005

‘The Sheriff Principal having resumed consideration of the cause Refuses the appeal and Adheres to the interlocutor of the sheriff dated 4 September 2003; Certifies the appeal as suitable for the employment of junior counsel; Finds the defender and appellant liable to the pursuer and respondent in the expenses of the appeal procedure; Allows an account thereof to be given in and Remits same when lodged to the auditor of court to tax and to report thereon; thereafter Remits to the sheriff to proceed as accords.’

Judges:

Sheriff Principal B A Kerr

Citations:

[2005] ScotSC 15

Links:

Bailii

Jurisdiction:

Scotland

Citing:

See Also – Van Overwaele v Hacking and Paterson for Recall of an Award of Sequestration SCS 8-Aug-2001
. .
See Also – Van Overwaele v Hacking and Paterson and Another ScS 22-Apr-2004
. .

Cited by:

See Also – Van Overwaele, Re Interdict SCS 10-Dec-2009
Petition for interdict in which the petitioner for the most part has been a party litigant. The petition arises out of the sequestration of the petitioner in January 2000 and she seeks to interdict the respondent, the permanent trustee, from seizing . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 18 November 2022; Ref: scu.224672

Farrell, Regina (on The Application of) v Investigating Committee of The Architects Registration Board: Admn 17 Jan 2013

‘The question which arises in this case is this: where the court has disposed of a judicial review application refusing permission, but directing that the parties make written representations on costs, and subsequently makes an order for costs, is there a right to the disappointed party to apply to the court to set aside or vary the order for costs which has been made? ‘

Judges:

Seys Llewellyn QC

Citations:

[2013] EWHC 1000 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Judicial Review, Costs

Updated: 17 November 2022; Ref: scu.472968

Srinivasans Solicitors, Regina (on The Application of) v Croydon County Court and Another: CA 19 Feb 2013

The solicitors had succeeded in their request for judicial review of a decision made by the respondent county court, but now appealed against a refusal of the award of its costs. The judge had found that the proceedings had not been entirely successful.
Held: This was a case in which the judge was justified in not seeking to apportion costs between the various issues.

Judges:

Mummery, Leveson LJJ

Citations:

[2013] EWCA Civ 249

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 17 November 2022; Ref: scu.472889

Senior-Milne, Regina (on The Application of) v Her Majesty’s Treasury: Admn 26 Feb 2013

Application for thrown away costs.

Judges:

Haddon-Cave J

Citations:

[2013] EWHC 700 (Admin)

Links:

Bailii

Citing:

See Also – Senior-Milne, Regina (On the Application of) v The Parliamentary and Health Service Ombudsman Admn 8-Sep-2009
The claimant was concerned that the Financial Service Authority had failed properly to supervise the de-mutualisation of the Scottish Widows insurance company, and had not identified a failure to disclose very substantial potential liabilities. He . .
See Also – Senior-Milne, Regina (on The Application of) v HM Treasury Admn 26-Feb-2013
The court made an extended civil restraint order. . .

Cited by:

See Also – Senior-Milne, Regina (on The Application of) v Hm Treasury Admn 26-Feb-2013
Making of extended civil restraint order . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 17 November 2022; Ref: scu.472678

Flatman v Germany: CA 10 Apr 2013

The court considered applications for discovery of costs arrangements of claimants in personal injury cases who had lost their cases. The defendant’s insurers sought to establish that solicitors had arranged to pay disbursements for the claimants, and that this would make the solicitors potentially liable as third parties for the defendants’ legal costs.

Judges:

Mummery, Richards, Leveson LJJ

Citations:

[2013] EWCA Civ 278

Links:

Bailii

Statutes:

Senior Courts Act 1981

Jurisdiction:

England and Wales

Costs, Personal Injury

Updated: 14 November 2022; Ref: scu.472483

Blackham v Entrepose UK: CA 27 Jul 2004

The claimant had succeeded in his claim for damages for personal injuries, but there had been a payment in. There were cross appeals, as to the proportion of costs awarded, and by the defendant saying that the interest awarded should have been added to award before testing whether the payment had been beaten.
Held: The court should first examine what the payment in was expressed to represent and then consider whether the amount for which he has directed judgment to be entered, as compared with that payment, is less than that amount. Had the court done so, the award would not have bettered the payment in, and the costs award would be different. Appeal allowed. Cross appeal dismissed.

Citations:

[2004] EWCA Civ 1109, [2005] CP Rep 7, Times 28-Sep-2004, [2005] 1 Costs LR 68

Links:

Bailii

Statutes:

Civil Procedure Rules 36.20

Jurisdiction:

England and Wales

Personal Injury, Civil Procedure Rules, Costs

Updated: 14 November 2022; Ref: scu.200343

Leigh v Michelin Tyre Plc: CA 8 Dec 2003

The parties had submitted costs estimates which proved later to be quite inadequate.
Held: It was a central principle of the Civil Procedure Rules that costs should be controlled. Solicitors should file costs estimates not only at the allocation questionnaire stage but also at the listing questionnaire. The practice direction was framed in mandatory terms. The court gave guidance as to how costs estimates might be taken into account when making an order for costs. The costs estimates given were a useful yardstick of the reasonableness of the costs claimed. Any substantial difference should be explained, and the absence of an explanation could also indicate unreasonableness. A reliance upon an opponent’s low estimate in not offering a settlement was relevant, as also it would be if the case management would have been different.

Judges:

Lord Phillips Master Of The Rolls Lady Justice Arden Lord Justice Dyson

Citations:

[2003] EWCA Civ 1766, Times 16-Dec-2003, [2004] 1 WLR 846, [2004] 1 Costs LR 148, [2004] 2 All ER 175, [2004] CP Rep 20

Links:

Bailii

Statutes:

Civil Procedure Rules 43PD 6.6

Jurisdiction:

England and Wales

Cited by:

Cited – Garbutt and Another v Edwards and Another CA 27-Oct-2005
The client challenged his opponent’s solicitors bill of costs, saying that the other side had not been given an estimate of costs. The solicitor acted on several matters for the client and had not given a formal estmate.
Held: The absence of . .
Cited – Reynolds v Stone Rowe Brewer (A Firm) QBD 18-Mar-2008
The solicitors appealed against the assessment of their costs. The judge had found that they had estimated their costs and applied a 15% margin of error.
Held: the judge should have given reasons for his judgment to allow the parties to assess . .
Lists of cited by and citing cases may be incomplete.

Civil Procedure Rules, Costs

Updated: 14 November 2022; Ref: scu.188642

Irving v Morgan Sindall Plc: QBD 15 May 2018

Can a claimant recover credit hire charges against a defendant even when she has been assured by the credit hire company that she will never have to pay the outstanding sums out of her own pocket?
How badly off does a claimant have to be to satisfy the test of impecuniosity?

Judges:

Mr Justice Turner

Citations:

[2018] EWHC 1147 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 14 November 2022; Ref: scu.616157

Trustees of Olympic Airlines Sa Pension and Life Assurance Scheme v Olympic Airlines Sa: CA 25 Feb 2013

Application for security for costs of appeal agaiinst winding up order.

Judges:

Kitchin LJ

Citations:

[2013] EWCA Civ 218

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Security for costs – Olympic Airlines Sa Pension and Life Insurance Scheme v Olympic Airlines Sa CA 6-Jun-2013
The court considered the the jurisdiction under EU law to commence a secondary winding-up in England of a company whose main liquidation is taking place in Greece. That depended upon whether the company, registered in Greece had a sufficient . .
Lists of cited by and citing cases may be incomplete.

Costs, Insolvency

Updated: 14 November 2022; Ref: scu.472024

Royal Devon and Exeter NHS Foundation Trust v Acres: QBD 22 Mar 2013

The defendant challenged the use by the claimant of solicitors from Central London in her claim for personal injury. She was a radiographer, and her work involved exposure to dangerous materials, though in this case it arose from use of machinery restricing her movements. Her union had recommended her to use a firm local to her in Devon, which she did but she changed on them deciding no to continue. The claim had been settled at a much lower level that she was advised it was worth, but her health would not sustain litigation.
Held: The appeal succeeded. The question was as to the decision to instruct the London solicitors, not the rates charged. The judge had erred. He should have looked at the situation at the time when the decision to move to the central London solicitors was made. The existing solicitors had declined to act. The member was entitled to obtain a second opinion, and it was proper when doing so to take that opinion in London.

Judges:

Cranston J

Citations:

[2013] EWHC 652 (QB)

Links:

Bailii

Citing:

Cited – Truscott v Truscott; Wraith v Sheffield Forgemasters Ltd CA 31-Jul-1997
Mr Truscott (T), from Tunbridge Wells instructed local solicitors in county court proceedings about a maintenance payment order involving his ex-wife. Dissatisfied with his local solicitors he instructed a small firm of solicitors in central London. . .
Cited – Smith v Buller 1875
The plaintiff in a patent case had failed, and now objected to the amount of costs claimed by the defendant.
Held: Sir R Malins V-C said: ‘It is of great importance to litigants who are unsuccessful that they should not be oppressed by having . .
Cited – Simpsons Motor Sales (London) Ltd v Hendon Corporation 1965
The paying party under an order for costs objected to the amount of leadig counsel’s fees.
Held: Pennycuick J discussed Rule 28(2) and the Smith -v- Bullins Case: ‘The words ‘or proper for the attainment of justice or for enforcing or . .
Cited – Regina v Dudley Magistrates’ Court, ex parte Power City Stores Limited and Another CA 1990
The defendant sought to recover the cost of employing leading counsel to defend him in the magistrates court after succeeding. The magistrates had disallowed the costs of leading counsel.
Held: The fact that the defendant could have obtained . .
Cited – KPMG Peat Marwick McLintock v The HLT Group QBD 18-Mar-1994
The plaintiffs claimed for professional fees, and the defendants counter-claimed alleging negligence. The plaintiffs obtained summary judgment under Order 14 with an order for costs on the standard basis, to be taxed if not agreed. The plaintiffs . .
Cited – G v G (Minors: Custody appeal) CA 1985
A court should take great care before setting aside a decision of a judge which had involved the exercise of a judicial discretion. The court considered the duty of an appellate court in a children case: ‘What this court should seek to do is to . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 14 November 2022; Ref: scu.471970

Michael Wilson and Partners Ltd v Sinclair and Others: CA 16 Jan 2013

Application to stay order for costs.

Judges:

Rix LJ

Citations:

[2013] EWCA Civ 131

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Michael Wilson and Partners Ltd v Sinclair and Others ComC 21-Sep-2012
The claimant company alleged that the defendants had variously received assests (shares and cash) acquired by a former partner in the claimant company and held on his behalf, in breach of his obligations to the caimant partnership. The defendants . .
See Also – Emmott v Michael Wilson and Partners Ltd CA 12-Mar-2008
The court considered the implication of the obligation of confidentiality in banking contracts or in arbitration agreements. It is ‘really a rule of substantive law masquerading as an implied term’. . .
See Also – Michael Wilson and Partners Ltd v Emmott ComC 6-Nov-2008
Challenge to jurisdiction of arbitration proceedings. . .
See Also – Emmott v Michael Wilson and Partners Ltd ComC 12-Jan-2009
The claimant, a party to an arbitration, sought first an order requiring the defendant to comply with an order made by the arbitrator for the transfer of certain shares, and second an asset freezing order.
Held: The conditions for a peremptory . .
See Also – Michael Wilson and Partners Ltd v Emmott ComC 8-Jun-2011
The claimant challenged an arbitration award made concerning the agreement under which the defendant had been admitted to partnership. MWP contended that the Tribunal were guilty of a large number of serious irregularities in their conduct of the . .

Cited by:

See Also – Michael Wilson and Partners Ltd v Sinclair and Others CA 23-Jul-2015
. .
See Also – Michael Wilson and Partners Ltd v Emmott CA 14-Oct-2015
Appeal against a finding that payments made by the appellant were made in the ordinary course of business and not in breach of a freezing injunction. . .
See Also – Michael Wilson and Partners Ltd v Emmott CA 11-Dec-2015
The court considered a residual jurisdiction to set aside an arbitrator’s award after a first appeal. . .
See Also – Emmott v Michael Wilson and Partners ComC 24-Nov-2016
Application for an anti-suit injunction against the defendant to restrain it from taking any further steps in ongoing proceedings in New South Wales and from commencing or pursuing any other substantive claims against the claimant on the ground that . .
See Also – Michael Wilson and Partners Ltd v Sinclair and Another CA 13-Jan-2017
The appellant company sought to recover assets which, it said, had been acquired by a former partner in breach of his obligations under the partnership agreement, but which had been taken in the names of some of the respondents. There had been an . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 14 November 2022; Ref: scu.471654

Phillips v Wiles: CA 17 Feb 1998

The claimant, a burglar, was injured by the respondent in the course of burgling the defendant’s home. His claim had been dismissed in all but a small part. The defendant farmer wanted to appeal. The claimant sought security for his costs.
Held: The onus of proof was on the person seeking security to show that the defendant could not afford the costs of the appeal. No such proof was forthcoming, and the application was rejected.

Citations:

[1998] EWCA Civ 264

Jurisdiction:

England and Wales

Citing:

Full Appeal – Phillips v Wiles CA 2-Jun-1998
The claimant was a burglar. The defendant appealed an award of damages for having assulted the claimant in the course of the burglary. The claimant had suffered injury to his face from being kicked by the defendant after the defendant had tied him . .

Cited by:

Application for security for costs – Phillips v Wiles CA 2-Jun-1998
The claimant was a burglar. The defendant appealed an award of damages for having assulted the claimant in the course of the burglary. The claimant had suffered injury to his face from being kicked by the defendant after the defendant had tied him . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 14 November 2022; Ref: scu.143742

General of Berne Insurance Company v Jardine Reinsurance Management Limited: CA 12 Feb 1998

Where only part of action for which costs are awarded, is covered by a contentious business agreement, and the amount recoverable is limited, that part is severable from the balance. A paying party cannot be ordered to pay a receiving party more by way of costs than the receiving party is himself liable to pay by relying on a contractual cap agreed between the receiving party and his solicitor.

Citations:

Gazette 18-Mar-1998, Times 20-Feb-1998, [1998] EWCA Civ 220, [1998] 2 All ER 30, [1998] CLC 768, [1998] Lloyds Rep IR 211, [1998] 1 Costs LR 1, [1998] 1 WLR 1231

Links:

Bailii

Statutes:

Solicitors Act 1974 59

Jurisdiction:

England and Wales

Citing:

Appeal from – General of Berne Insurance Company v Jardine Reinsurance Management Ltd and Others ComC 24-Jun-1997
Costs – Contentious Business Agreement- Section Does not limit the costs recoverable by a successful party to the hourly rates agreed in a Contentious Business Agreement – the limit only applies to the global limit payable under the agreement. . .

Cited by:

Cited – Hollins v Russell etc CA 22-May-2003
Six appeals concerned a number of aspects of the new Conditional Fee Agreement.
Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the . .
Cited – Garbutt and Another v Edwards and Another CA 27-Oct-2005
The client challenged his opponent’s solicitors bill of costs, saying that the other side had not been given an estimate of costs. The solicitor acted on several matters for the client and had not given a formal estmate.
Held: The absence of . .
Lists of cited by and citing cases may be incomplete.

Costs, Legal Professions

Updated: 14 November 2022; Ref: scu.143698

Oksuzoglu v Kay and Another: CA 26 Feb 1998

A party seeking not to obtain an up to date medical report when serving proceedings must obtain the consent of other side or of the court first. The Court asking itself as to costs, where far less is recovered, either generally or under a particular issue, than had been sought by a party, as to who, as a matter of substance and reality, had truly won.

Citations:

Times 26-Feb-1998, [1998] EWCA Civ 215, [1998] 2 All ER 361

Links:

Bailii

Statutes:

Rules of the Supreme Court Order 18 Rule 12(1A)

Jurisdiction:

England and Wales

Cited by:

Cited – Douglas and others v Hello! Ltd and others ChD 23-Jan-2004
. .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Costs

Updated: 14 November 2022; Ref: scu.84437

Drysdale v Department of Transport (The Maritime and Coastguard Agency): EAT 13 Feb 2013

EAT Practice and Procedure : Withdrawal, dismissal, and costs
On the second day of a hearing the Claimant’s representative, his wife, withdrew the Claimant’s claim; the Respondent applied for the claim to be dismissed on withdrawal; the ET dismissed it; the Respondent applied for costs; the Claimant and his wife left during the application despite being asked to listen to it; and the ET made an order for costs against the Claimant in the sum of andpound;1050.
It was argued that in the circumstances the Claimant’s representative did not have ‘capacity’ to withdraw his claim when she did, and the ET should have considered and enquired into her state of health and authority to withdraw the proceedings before treating the withdrawal as valid and in any event before dismissing the claim. It was further argued that the claim should not have been dismissed in the absence of a written application. It was further argued that the ET should have afforded the Claimant an opportunity to make submissions on the question of costs. Affidavits were lodged as to what took place at the hearing and the comments of the Employment Judge and ET members were sought.
Held: Appeal dismissed. In the circumstances as the EAT found them to be the ET did not have a duty to enquire into the health of the Claimant’s representative; the Claimant’s representative had authority to withdraw the claim and the ET did not have a duty to enquire into her authority or to see whether the Claimant agreed with her decision. The ET was entitled to determine the question of dismissal without a written application. The Claimant and his representative having left during the making of the application for costs, the ET was not under a duty to give them a further opportunity to make submissions.

Judges:

Richardson J

Citations:

[2012] UKEAT 0171 – 12 – 1302

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Costs

Updated: 14 November 2022; Ref: scu.470963

Felicien v Metropolitan Police Authority and Another: EAT 23 Jan 2013

EAT Practice and Procedure : Costs – Appeal against decision to hear wasted costs application prior to completion of proceedings – Dismissed because decision superseded by subsequent developments – Observations about undesirability of delay in producing a written record of Tribunal judgments.

Judges:

Underhill J

Citations:

[2013] UKEAT 0362 – 12 – 2301

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Costs

Updated: 14 November 2022; Ref: scu.470962

Aaron v Okoye: CA 15 Jan 1998

The plaintiff solicitor had acted for the respondent barrister in legal proceedings. The respondent was unhappy with work done on her behalf by counsel instructed by the plaintiff, and declined to pay. The solicitor taxed his bill excluding counsel’s fees, and negotiations proceeded to agree counsel’s fees. The respondent then claimed the bill should not have been taxed without counsel’s fees.
Held: The omission of counsel’s fees from the first bill was understandable and did not vitiate the taxation. Nor did the separate delivery of a bill for counsel’s fees deny any right to taxation of that bill. Appeal dismissed.

Judges:

Lady Justice Butler-Sloss, Lord Justice Hobhouse

Citations:

[1998] EWCA Civ 25

Jurisdiction:

England and Wales

Citing:

Cited – Cobbett v Wood 1908
Counsel’s fees having been omitted from the solicitor’s bill as taxed, they could not later be claimed. . .
Cited – Chamberlain v Boodle and King 1982
A second solicitor’s bill was not susceptible to taxation because it related to what was in effect one continuous matter for which a bill had already been taxed. . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 13 November 2022; Ref: scu.143503

Ager v Ager: CA 19 Dec 1997

An order of the Court of Appeal that an order for costs was not to be enforced without the leave of the court could be dealt with by leave of the first instance court. It did not have to go back to the Court of Appeal.

Citations:

Times 06-Jan-1998, [1997] EWCA Civ 3053, [1998] 1 All ER 703, [1998] 1 WLR 1074

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 13 November 2022; Ref: scu.77667

Henry v News Group Newspapers Ltd: CA 28 Jan 2013

Citations:

[2013] EWCA Civ 19

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Elvanite Full Circle Ltd v AMEC Earth and Environmental (UK) Ltd TCC 14-Jun-2013
Following the proncipal judgment there were disputes as to the basis of assessment of costs and the interaction between the existing costs management order (which approved the defendant’s budget costs of andpound;264,708) and the total costs now . .
Lists of cited by and citing cases may be incomplete.

Defamation, Costs

Updated: 13 November 2022; Ref: scu.470598

KC v MGN Ltd: CA 22 Jan 2013

The court considered the costs order applicable after a successful appeal by the defendant against the level of damages awarded in this defamation cliam.

Judges:

John Thomas, Baron Thomas of Cwmgiedd LCJ, Neuberger LJ, Eady J

Citations:

[2013] EWCA Civ 3, [2013] 2 Costs LR 269

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 13 November 2022; Ref: scu.470526

Cummings and Others v The Ministry of Justice: QBD 22 Jan 2013

Judges:

Tugendhat J

Citations:

[2013] EWHC 48 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Principal judgment – Cummings and Others v The Ministry of Justice QBD 17-Jan-2013
The claimant prisoners brought actions seeking damages for assault and other torts. They had complained of racist treatment and of the conditions of their segregation. The court now considered applications for the management of the case.
Held: . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 13 November 2022; Ref: scu.470493

Adecco Uk Ltd v Aldwinkle: EAT 8 Nov 2012

EAT Practice and Procedure : Costs – The Claimant deliberately took no part in the proceedings once his solicitor came off the records. He failed to co-operate with the Respondent, ignored an ET order and did not appear at the hearing. The ET was wrong to refuse the Respondent its costs. Mirikwe v Wilson and Co Solicitors UKEAT/0025/11/RN applied.

Judges:

Birtles Judge

Citations:

[2012] UKEAT 0208 – 12 – 0811

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Applied – Mirikwe v Wilson and Co Solicitors and Others EAT 11-May-2011
EAT UNFAIR DISMISSAL
Costs. Award made without taking account of paying party’s means because (1) she did not attend the costs hearing (although in the court building) and (2) her conduct of the proceedings . .
Lists of cited by and citing cases may be incomplete.

Employment, Costs

Updated: 12 November 2022; Ref: scu.468954

British Sky Broadcasting Group Plc and Others v Digital Satellite Warranty Cover Ltd and Others: ChD 19 Dec 2012

Judges:

Sir William Blackburne

Citations:

[2012] EWHC 3679 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – British Sky Broadcasting Group Plc and Others v Digital Satellite Warranty Cover Ltd and Others ChD 7-Oct-2011
The parties now disputed whether they had reached a binding agreement settling the principal dispute, which was as to the alleged misuse of confidential information from its customer database. The defendants sought a stay. The claimants said that . .
See Also – British Sky Broadcasting Group Plc and Others v Digital Satellite Warranty Cover Ltd and Others ChD 27-Oct-2011
The claimants sought summary judgment in their action against the defendants for misuse of confidential information from their customer database.
Held: Summary judgment was granted agains the personal defendants. The two companies and . .
See Also – British Sky Broadcasting Group Plc v Digital Satellite Warranty Cover Ltd and Others ChD 1-Oct-2012
The claimants alleged misuse by the defendant companies of confidential information taken from its customer database.
Held: The claims failed. . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Costs

Updated: 12 November 2022; Ref: scu.467205

Earles v Barclays Bank plc: Merc 8 Oct 2009

The claimant had lost his claim against the bank, but resisted the amount of costs claimed.
Held: The trial had been of a simple factual dispute, and the bank had failed adequately to disclose electronically held material in its possession. The bank had also, and despite having inhouse counsel, employed disproportionately expensive lawyers. The bank should receive only 25 per cent of its costs claim. The court suggested that the bank’s difficulty might have been avoided by active costs management.
As to documents held electronically, while there was no general obligation to retain such material, such an obligation did arise once proceedings were commenced.

Judges:

Judge Simon Brown, QC

Citations:

Times 20-Oct-2009, [2009] EWHC 2500 (Mercantile), [2009] WLR (D) 309

Links:

Bailii, WLRD

Statutes:

Civil Procedure Rules 31.4

Jurisdiction:

England and Wales

Citing:

Cited – Onassis and Calogeropoulos v Vergottis HL 1968
Lord Pearce (dissenting) discussed the assessment of a witness’ oral evidence: ‘Credibility involves wider problems than mere demeanour which is mostly concerned with whether the witness appears to be telling the truth as he now believes it to be. . .
Cited – Grace Shipping v CF Sharp and Co (Malaya) Pte Ltd PC 10-Dec-1986
(Singapore) When a court has to weigh the various and varying recollections of witnesses about what was said at meetings which occurred in the distant past, the surest guides are the contemporaneous documents and the overall probabilities.
Lord . .
Cited – Woods v Martins Bank Ltd 1958
If a bank chooses to give advice to a customer, then the Bank’s obligation is to advise with ordinary skill and care. The liability is primarily on contract: ‘In my judgment, the limits of a banker’s business cannot be laid down as a matter of law. . .
Cited – British Railways Board v Herrington HL 16-Feb-1972
Land-owner’s Possible Duty to Trespassers
The plaintiff, a child had gone through a fence onto the railway line, and been badly injured. The Board knew of the broken fence, but argued that they owed no duty to a trespasser.
Held: Whilst a land-owner owes no general duty of care to a . .
Cited – Indian Oil Corporation v Greenstone Shipping SA QBD 23-Apr-1987
Staughton J discussed the modern meaning of the rule of evidence known in Latin as ‘omnia praesumuntur contra spoliatorem’ (everything is presumed against a destroyer (of evidence) – ‘spoliation’ as it is termed in US and which the rule of . .
Cited – Infabrics Ltd v Jaytex Ltd 1985
Where a party fails to preserve documents after the commencement of proceedings, the defaulting party risks ‘adverse inferences’ being drawn for such ‘spoliation’. Because the defendant had not preserved documents affecting the quantum of damage, . .
Cited – Crantrave Ltd (In Liquidation) v Lloyd’s Bank Plc CA 18-May-2000
The bank received a garnishee order nisi, but acted before it was made absolute to pay the judgment creditor.
Held: The bank had no defence against the customer claiming restitution relying on the equitable doctrine that one person paying the . .
Lists of cited by and citing cases may be incomplete.

Costs, Litigation Practice

Updated: 11 November 2022; Ref: scu.376200

Swales v Revenue and Customs (Procedure : Application for Costs): FTTTx 4 Sep 2019

PROCEDURE – application for costs – rule 10(1)(b) Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 – application allowed in principle – supplementary claim invited following Court of Appeal decision in Distinctive Care Ltd v HMRC – hourly rate claimed reduced to CPR rate for litigants in person – hours taken found to be disproportionate in some instances – final claim reduced accordingly.

Citations:

[2019] UKFTT 619 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 10 November 2022; Ref: scu.644012

Braganza v BP Shipping Ltd and Another: AdCt 15 Jun 2012

The judge considered the award of costs where the claimant had succeeded in some part of her claim, but failed in others.

Judges:

Teare J

Citations:

[2012] EWHC 1612 (Admlty)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Main Judgment – Braganza v BP Shipping Ltd and Another ComC 30-May-2012
The claimant said that her husband, serving as an officer on the defendant’s ship was lost overboard as a result of the defendant’s negligence.
Held: The claim under the 1976 Act failed, but the court awarded the contractual sum claimed.

Cited by:

See Also (costs) – Braganza v BP Shipping Ltd and Others CA 22-Mar-2013
The claimant widow sued in negligence after the disappearance overboard of her husband from the respondent’s ship. The court had found insufficient evidence to establish the cause of death, either as to negligence as suggested by the claimant, or as . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 10 November 2022; Ref: scu.467652

Abbott v Long: CA 20 May 2011

The claimant appealed against refusal of an order for his costs after succeeding in his claim for damages after a road traffic accident.

Judges:

Arden, Patten, Sullivan LJJ

Citations:

[2011] EWCA Civ 874, [2012] RTR 1

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 10 November 2022; Ref: scu.442733

In re X, Y, Z (Minors): FD 18 May 2011

Costs on disputed care proceedings. Local Authority acting unreasonably in disclosure failings. Baker J rejected an application for costs against a local authority by an intervener who had been wholly exonerated in a fact finding hearing that was the first part of a split hearing. He did so on the ground that the impetus for making the allegations against the intervener had been that of the court not the local authority.

Judges:

Baker J

Citations:

[2011] EWHC 1267 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – In re T (Children) SC 25-Jul-2012
The local authority had commenced care proceedings, alleging abuse. After lengthy proceedings, of seven men and two grandparents, all but one were exonerated. The grandparents had not been entitled to legal aid, and had had to mortgage their house . .
Lists of cited by and citing cases may be incomplete.

Costs, Children

Updated: 10 November 2022; Ref: scu.439829

Investment Invoice Financing Ltd v Limehouse Board Mills Ltd: CA 18 Jan 2006

It was proper for a court to prevent a second action on a matter where an order for payment for the costs of a first action between the parties had not been discharged by the claimant. In such a case the potential for abuse lies in the unfairness of putting the defendant to the expense of fresh proceedings while his costs of the previous proceedings remain unpaid. It may be appropriate to provide, in addition to a stay, for a striking out of the second claim if the costs of the first claim are not paid by a certain date.

Judges:

Lord Justice Tuckey Lord Justice Moore-Bick

Citations:

[2006] EWCA Civ 9, Times 23-Jan-2006, [2006] 4 Costs LR 632, [2006] 1 WLR 985

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Wahab v Khan and Others; In re Abdus Sattar Sheikh deceased ChD 12-Apr-2011
The claimant had asked the court to revoke the probate granted in his brother’s estate. He appealed now against a strike out of his request. He alleged that the will was a forgery. The executor’s and defendants were not relations of the deceased, . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Costs

Updated: 10 November 2022; Ref: scu.237728

Maunder-Taylor v Blaquiere: CA 14 Nov 2002

Judges:

Aldous LJ

Citations:

[2002] EWCA Civ 1747

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Taylor v Blaquiere CA 14-Nov-2002
The court had appointed a manager of the converted house under the Act. The tenants sought to set off against the sums payable under the lease, the costs of repairs. The manager asserted that whilst he owed some duty of care, it was not a full duty . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 10 November 2022; Ref: scu.217871

Ahmed v Revenue and Customs (Costs Application – Whether Appellant Behaved Unreasonably): FTTTx 19 Nov 2019

COSTS APPLICATION – whether Appellant behaved unreasonably in bringing and conducting his appeal – whether Appellant behaved unreasonably in failing to withdraw from his appeal and failing to appear at the hearing – Yes – HMRC’s application for costs allowed in part

Citations:

[2019] UKFTT 701 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 09 November 2022; Ref: scu.646877

Tucker v Revenue and Customs (Costs – Application for Costs): FTTTx 11 Sep 2019

COSTS – Application for costs – late – Denton and Martland considered – Chappell distinguished – permission given – HMRC unreasonable behaviour? – yes – costs awarded but only for part of the period claimed and subject to a detailed assessment – application granted in part.

Citations:

[2019] UKFTT 569 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 09 November 2022; Ref: scu.644015

Southwest Communications Group Ltd v Revenue and Customs: FTTTx 14 Nov 2012

FTTTx PROCEDURE – COSTS – appeal in standard category – appellant’s application for costs on the basis that HMRC had acted unreasonably in not settling case sooner- period over which costs may be incurred and period over which unreasonable conduct may be assessed considered – whether HMRC acted unreasonably in not settling case before service of appellant’s witness statements – no- whether HMRC acted unreasonably in not considering witness statements sooner – yes – application granted for costs incurred after point in time by which witness statements ought to have been reviewed – application allowed in part

Citations:

[2012] UKFTT 701 (TC)

Links:

Bailii

Taxes Management, Costs

Updated: 09 November 2022; Ref: scu.466259

Sugar v Venables and Michael Joseph Limited (2): CA 17 Oct 1997

The appellant challenged an order for costs against him. He had begun defamation proceedings which were settled upon the terms of an offer without prejudice as to costs. The plaintiff was ordered to pay the defendant’s substantial costs incurred during a six-month period, after a large payment into court had been made and before it was accepted whilst a suitable form of undertaking was being considered. It was the basic contention of the unsuccessful plaintiff there that ‘in all circumstances it is incumbent upon the defendant seeking protection as to costs to make an unambiguous and unequivocal offer in terms capable of instant acceptance.’
Held: (Simon Brown LJ) ‘I would reject that contention. It involves, to my mind, an altogether too mechanistic approach to the issue of costs and is in any event irreconcilable with this court’s judgment in Roache. If the argument were sound the plaintiff would be free to ignore an express offer to negotiate an appropriate undertaking and be entitled to litigate on at the defendant’s expense until the undertaking came to be in a form which he was prepared to accept. Roache itself, in my judgment, demonstrates this to be wrong. There no offer whatever of an undertaking was made, indeed the application for an injunction was resisted, and yet an injunction having in fact then been granted, the defendants were nevertheless adjudged to have been the substantial winners. The real reason, as this court found, why the plaintiff there had fought on was to try to obtain greater damages than were on offer. In that he failed. That, French J found, was the substantial reason why this plaintiff too was prolonging these proceedings after the payment in.’

Judges:

Simon Brown LJ

Citations:

[1997] EWCA Civ 2509

Jurisdiction:

England and Wales

Citing:

Cited – Roache v News Group Newspapers Ltd CA 23-Nov-1992
In his libel action the plaintiff was awarded andpound;50,000 damages. The same sum had been paid into court, but he obtained additionally an injunction against further publication of the libel and on that account was awarded his costs by the judge . .

Cited by:

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 . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 09 November 2022; Ref: scu.142907

Trustee of Property of Vickery (a Bankrupt) v Modern Security Systems Limited: CA 15 Oct 1997

A trustee in bankruptcy will be treated as the party if he has in fact adopted the proceedings by conducting the litigation, even if there has been no formal substitution

Judges:

Peter Gibson LJ, Ward LJ, Vinelott LJ

Citations:

[1997] EWCA Civ 2493, [1998] 1 BCLC 428, [1998] BPIR 164

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Borneman v Wilson CA 1884
The Wilsons, father and son, had acted as commercial agents of one Borneman. He began an action against them in the Chancery Division for an account of their dealings with his goods and obtained interlocutory relief on motion including an injunction . .

Cited by:

Cited – BPE Solicitors and Another v Gabriel SC 17-Jun-2015
Application for directions in a pending appeal. The claimant alleged negligence against his former solicitors. After his successful claim was substantially overturned on appeal, he was made bankrupt.
Held: If the trustee adopted and pursued . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Costs

Updated: 09 November 2022; Ref: scu.142891

Awwad v Geraghty and Company: CA 8 Sep 1997

The court considered an application for leave to appeal as to whether a litigation agreement was champertous and void.

Judges:

Nourse, Evans LJJ

Citations:

[1997] EWCA Civ 2334, [2001] QB 570

Jurisdiction:

England and Wales

Cited by:

Cited – De Crittenden v Bayliss CA 17-Jan-2002
The defendant appealed a judgment saying the arrangement under which the plaintiff had conducted the litigation was champertous.
Held: The appeal failed. ‘[A]lthough some of what Mr De Crittenden did could be described as ‘solicitors work’, . .
See Also – Geraghty and Co v Awwad and Another CA 25-Nov-1999
The court considered an assertion that a contract for fee sharing with a solicitors firm was unenforceable being in breach of the Solicitors Practice Rules.
Held: The court refused to follow Thai Trading. There should no longer be any common . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 09 November 2022; Ref: scu.142732

Seifert v Pensions Ombudsman and others: CA 31 Jul 1997

The setting aside of part only of an Ombudsman’s determination is not sufficient of itself to justify a full costs order against him. The Ombudsman had not been represented on the appeal. Of the fact that the order had been varied: ‘But that is not a sufficient ground to order him to pay costs. The limited circumstances in which an inferior tribunal, such as magistrates or an arbitrator, should be ordered to pay the costs of an appeal from its decision are well known [W]e do not consider that it is a case for such an order.’

Judges:

Staughton LJ

Citations:

Times 03-Oct-1997, [1997] EWCA Civ 2268, [1997] 4 All ER 947

Jurisdiction:

England and Wales

Cited by:

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

Costs

Updated: 09 November 2022; Ref: scu.142665

Truscott v Truscott; Wraith v Sheffield Forgemasters Ltd: CA 31 Jul 1997

Mr Truscott (T), from Tunbridge Wells instructed local solicitors in county court proceedings about a maintenance payment order involving his ex-wife. Dissatisfied with his local solicitors he instructed a small firm of solicitors in central London. On an appeal from the district judge, the county court judge held that T should not have used London solicitors.
Mr Wraith (W) was injured at work. His trades union advised him to select their London solicitors. The case began in London but was transferred with his consent to Sheffiled. At first instance Potter J had upheld the decision to allow London rates.
Held: In T, the county court judge had simply compared local and London rates, whereas he should have asked whether it was reasonable for T to instruct London solicitors, taking into account relevant considerations. Relevant factors when considering the reasonableness of T’s decision were (1) the importance of the matter to him (2) the legal and factual complexities, in so far as he might reasonably be expected to understand them (3) the location of his home, his place of work and the location of the court in which the relevant proceedings had been commenced (4) T’s possibly well-founded dissatisfaction with the solicitors he had originally instructed, which may well have resulted in a natural desire to instruct solicitors further afield (5) the fact that he had sought advice as to whom to consult and had been recommended the London solicitors (6) their location including their accessibility to him, and their readiness to attend at the relevant court and (7) what, if anything, he might reasonably be expected to know of the fees they would likely charge, as compared with the fees of other solicitors whom he might reasonably be expected to have considered . . If the county court judge had considered these matters Kennedy LJ held that he would obviously have concluded that it was reasonable to instruct the London solicitors.

Judges:

Kennedy, Waite, Auld LJJ

Citations:

Times 15-Oct-1997, [1998] 1 WLR 132, [1997] EWCA Civ 2285, [1998] 1 All ER 82, [1997] 2 Costs LR 74

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Wraith v Sheffield Forgemasters Ltd QBD 20-Feb-1996
The choice of an expensive solicitor to conduct a case may be justified in several ways. . .

Cited by:

Cited – Royal Devon and Exeter NHS Foundation Trust v Acres QBD 22-Mar-2013
The defendant challenged the use by the claimant of solicitors from Central London in her claim for personal injury. She was a radiographer, and her work involved exposure to dangerous materials, though in this case it arose from use of machinery . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 09 November 2022; Ref: scu.89999

Rawlinson and Hunter Trustees Sa and Others, Regina (on The Application of) v Central Criminal Court and Another: Admn 15 Nov 2012

Judges:

Sir John Thomas P, Silber J

Citations:

[2012] EWHC 3218 (Admin)

Links:

Bailii

Citing:

Main judgment – Rawlinson and Hunter Trustee and Others, Regina (on The Application of) v Central Criminal Court and Another Admn 31-Jul-2012
The claimants sought to have search warrants issued under the 1987 Act set aside, saying that they had been procured by non-disclosure and misrepresentation.
Held: The search warrants were set aside: ‘the fact that one or more suspects have . .
Lists of cited by and citing cases may be incomplete.

Police, Costs

Updated: 06 November 2022; Ref: scu.465839

Jolly v Harsco Infrastructure Services Ltd: QBD 5 Nov 2012

The claim for an asbestosis related death had been successful, but the parties now disputed how, in the context of an agreed apportionment after a Part 36 offer, judgment was now to be entered.

Judges:

Cranston J

Citations:

[2012] EWHC 3086 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, Costs

Updated: 06 November 2022; Ref: scu.465554

Olatunji v Network Rail Infrastructure Ltd: EAT 10 Sep 2012

EAT Practice and Procedure : Costs – The Employment Tribunal struck out the Claimant’s case after she did not appear. It ordered her to show cause why she should not pay andpound;10,000 costs. She submitted details of her ability to pay. The Employment Judge held without reasons that she had failed to show cause. This was an error. On the Claimant’s appeal, the Respondent made no submission and the parties consented to the EAT deciding the issue without remission. andpound;750 costs ordered.

Judges:

McMullen QC J

Citations:

[2012] UKEAT 0553 – 11 – 1009

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Costs

Updated: 06 November 2022; Ref: scu.465540

Ross River Ltd and Another v Waverly Commercial Ltd and Another: ChD 9 Oct 2012

Judges:

Morgan J

Citations:

[2012] EWHC 3006 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Ross River Ltd and Another v Waveley Commercial Ltd and Others ChD 25-Jan-2012
The parties disputed the content and effect of a joint venture agreement. . .
See Also – Ross River Ltd and Another v Waveley Commercial Ltd and Others ChD 6-Sep-2012
. .

Cited by:

See Also – Ross River Ltd and Another v Waveley Commercial Ltd and Others CA 29-Jul-2013
Breach of fiduciary duty in development contract . .
Lists of cited by and citing cases may be incomplete.

Contract, Costs

Updated: 06 November 2022; Ref: scu.465529

Myatt and others v National Coal Board (No 2): CA 16 Mar 2007

The parties had been involved in compensation claims. Complaint was made that the solicitors had recovered fees for action which substantially was intended to benefit the solicitor. The conditional fee agreements had been found to be unenforceable. At stake for each client was about pounds 2,500. At stake for the solicitors was pounds 250,000.
Held: The court did have jurisdiction to order solicitors in such a case to contribute to the costs of the other side. They should in this case pay 50% of the respondents costs.

Citations:

Times 27-Mar-2007, [2007] EWCA Civ 307, [2007] 4 All ER 1094, [2007] PNLR 25, [2007] 1 WLR 1559, [2007] 4 Costs LR 564

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Myatt, Ellis, Edwards, Rodger v National Coal Board SCCO 12-Aug-2005
. .
Cited – Symphony Group Plc v Hodgson CA 4-May-1993
A section 51 non-party costs application should not be used as a substitute for the pursuit of a related cause of action against the non-party in ordinary proceedings. Nine rules were set out for allowing a costs order against someone who is not a . .
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 – Tolstoy-Miloslavsky v Aldington CA 27-Dec-1995
Solicitors who unreasonably commence proceedings may be subject to a wasted costs order, but there should be no award of costs against a solicitor solely because he acted without a fee. An award of costs should not be made against a solicitor who . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 06 November 2022; Ref: scu.251399

Michaels and Michaels v Harley House (Marylebone) Limited: CA 20 Jun 1997

The respondent sought security for costs. One plaintiff was bankrupt, and an outstanding costs order had not been met.
Held: The matter should not be adjourned pending an application for legal aid, and nor should the considerable interest in the case put the respondent at risk. Security for costs ordered.

Citations:

[1997] EWCA Civ 1920, [1997] 1 WLR 967, [1997] 2 EGLR 44, [1997] 3 All ER 446, [1997] 37 EG 161, [1997] 37 EG 161, [1997] EG 29

Links:

Bailii

Statutes:

Landlord and Tenant Act 1987 5

Jurisdiction:

England and Wales

Citing:

See Also – Michaels and Michaels v Taylor Woodrow Developments Ltd, etc ChD 19-Apr-2000
The respondents sought to strike out the claim for conspiracy and failure to comply with the Act. The respondent was landlord of premises occupied by the claimants. They had served a notice under the Act of their intention to sell.
Held: The . .

Cited by:

See Also – Michaels and Michaels v Taylor Woodrow Developments Ltd, etc ChD 19-Apr-2000
The respondents sought to strike out the claim for conspiracy and failure to comply with the Act. The respondent was landlord of premises occupied by the claimants. They had served a notice under the Act of their intention to sell.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Costs

Updated: 06 November 2022; Ref: scu.142316

Manches and Co (a Firm) v Michael Joseph: QBD 9 Nov 2001

The claimant firm of solicitors sought their costs of representing the defendant in defamation proceedings. He was unhappy with the way the proceedings had been conducted, suggesting that an excess amount of work had been undertaken.
Held: The claim was unsustainable in law. There was clear evidence contrary to the defendant’s allegations, there was no suggestion of professional negligence or misconduct, and the defendant had been made aware throughout of the risks and costs.

Judges:

Mr Justice Eady

Citations:

[2001] EWHC QB 448

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions, Costs

Updated: 06 November 2022; Ref: scu.166822

Schiffahrtsgesellschaft Detlef Von Appen Gmbh v Wiener Allianz Versichrungs Ag and Voest Alpine Intertrading Gmbh: CA 16 Apr 1997

Citations:

[1997] 2 Lloyds Rep 279, [1997] EWCA Civ 1420, [1997] CLC 993, [1997] 2 LLR 279

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Halsall v Brizell ChD 1957
Land in Liverpool was sold in building plots. The vendors retained the roads and sewers and a promenade and sea wall. A separate deed of covenant of 1851 between the vendors and the owners of the plots which had by then been sold, recited that the . .

Cited by:

Cited – Phoenix Finance Limited v Federation Internationale De L’automobile, Formula One Management Limited, Formula One Administration Limited ChD 22-May-2002
The claimant had purchased the interests of a failed Formula One car racing team, including, it said, the right to enter a team in Formula One races. It claimed to have been unlawfully excluded from racing.
Held: The claimant had failed to . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 06 November 2022; Ref: scu.141816

Aaron v Okoye: CA 19 Mar 1997

Judges:

Lord Justice Hirst

Citations:

[1997] EWCA Civ 1274

Jurisdiction:

England and Wales

Citing:

Cited – Cobbett v Wood 1908
Counsel’s fees having been omitted from the solicitor’s bill as taxed, they could not later be claimed. . .
Cited – Chamberlain v Boodle and King 1982
A second solicitor’s bill was not susceptible to taxation because it related to what was in effect one continuous matter for which a bill had already been taxed. . .
Lists of cited by and citing cases may be incomplete.

Costs, Legal Professions

Updated: 06 November 2022; Ref: scu.141670