Category: Costs

Aoun v Bahri and Another: CA 4 Sep 2002

Judges:

Brooke LJ, Tuckey LJ

Citations:

[2002] EWCA Civ 1390

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Mohamad Ali Aoun v Hassan Bahri, Costas Angelou CA 31-Jul-2002
The claimant wanted to appeal an order to pay the defendants’ costs already ordered, and to provide security for costs of the remaining action. The defendants requested security for the costs of the appeal. Throughout the matter the claimant had . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 06 September 2022; Ref: scu.217553

Chorion Plc v Westminster City Council: CA 5 Mar 2002

renewed application for permission to appeal – costs after withdrawal of application for judicial review.

Citations:

[2002] EWCA Civ 322, [2002] LLR 289

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina (on the Application of Chorion Plc) v Westminster City Council Admn 5-Oct-2001
A licensing policy had been challenged and then amended by the defendant council to meet the claimant’s concerns. Though the remaining issue was as to costs; the judge had to decide whether the challenge had been well founded.
Held: The policy . .

Cited by:

Main Judgment – Regina (on the Application of Chorion Plc) v Westminster City Council CA 30-Jul-2002
The judge had awarded the costs of part of an action to one party, and provided that overall the costs were to be assessed if not agreed. The applicant sought to have its costs own assessed.
Held: The order did not differentiate between the . .
Lists of cited by and citing cases may be incomplete.

Licensing, Costs

Updated: 06 September 2022; Ref: scu.216901

D’Abo v Paget and Others (No 2): ChD 10 Aug 2000

Where a beneficiary having brought successful action against the trust fund, the rule in In re Buckton should still apply, but where the trustees could have brought the same action themselves, and had been ready and willing to do so, the beneficiary should not be awarded costs out of the trust fund. Under the new procedure, the court should take a more robust attitude to such claims. In effect the sole reason for the claimant’s participation was to make a claim for costs if the trustees failed.

Citations:

Gazette 05-Oct-2000, Times 10-Aug-2000

Jurisdiction:

England and Wales

Trusts, Wills and Probate, Costs

Updated: 06 September 2022; Ref: scu.79774

Allen v Bloomsbury Publishing Plc and Another: ChD 18 Mar 2011

Further applications in defendant’s application for summary judgment and or security for costs in the claimant’s claim alleging copyright infringement.
Held: The claimant was ordered to pay a sum of andpound;50,000 as security for costs.
Kitchin J summarised the principles: ‘(i) the court has jurisdiction under rule 24.6 to make an order which is tantamount to an order for security for costs;
(ii) that jurisdiction extends to requiring someone advancing an unpromising claim to secure the defendant’s costs;
(iii) before ordering security for costs in any case, the court should be alert and sensitive to the risk that by making such an order it may be denying the party concerned a right of access to the court; whether or not the person concerned has raised or can raise the money will always be a prime consideration;
(iv) the court has a wide discretion to ensure that justice is done in any particular case;
(v) relevant considerations, besides the ability of the person to pay, include his conduct of the proceedings and the apparent strength of his case;
(vi) a party only becomes amenable to an adverse order for security under rule 3 once he can be seen either regularly to be flouting proper court procedures or orders or otherwise has demonstrated a want of good faith, that is to say a will to litigate a genuine claim or defence as economically as reasonably possible in accordance with the overriding objective;
(vii) likewise, an order for security for costs would not be appropriate in every case where a party appears to have a somewhat weak claim or defence;
(viii) exorbitant applications for summary judgment in misguided attempts to obtain conditional orders providing security for costs are not to be encouraged;
(ix) the occasions when security for costs is ordered solely because the case appears weak may be expected to be few and far between;
(x) it would be wrong to encourage litigants to regard rule 3.1 as providing a convenient means of circumventing the requirements of Part 25 and thereby providing a less demanding route to obtaining security for costs. When the court is asked to consider making an order under rule 3.1(3) or 3.1(5) which is or amounts to an order for security for costs or when it considers doing so of its own motion it should bear in mind the principles underlying rules 25.12 and 25.13. In my judgment the court should also bear this principle in mind when considering whether to make a conditional order under rule 24.6.’

Judges:

Kitchin J

Citations:

[2011] EWHC 770 (Ch), [2011] FSR 22, [2011] FSR 22

Links:

Bailii

Statutes:

Civil Procedure Rules 3 24.6

Jurisdiction:

England and Wales

Citing:

See Also – Allen v Bloomsbury Publishing Plc and Another ChD 14-Oct-2010
The claimant sought damages alleging breach of copyright by the defendant author saying she had copied large parts of the claimant’s work in her book ‘Harry Potter and the Goblet of Fire’. The defendant now sought summary judgment, saying the action . .
Cited – Olakunle O Olatawura v Alexander O Abiloye CA 17-Jul-2002
The claimant challenged an order requiring him to give security for costs before proceeding. The judge had felt he was unreasonable in the way he was pursuing his claim. He appealed saying the order was made outside the scope of Part 25.
Held: . .
Cited – Huscroft v P and O Ferries Ltd CA 21-Dec-2010
Second appeal against order requiring sum for security for costs to be paid into court and in default for the claim to be struck out.
Held: The Court considered its jurisdiction to make an order for security for costs under rule 3.1 and, . .

Cited by:

Appeal from – Allen v Bloomsbury Publishing Ltd and Another CA 14-Jul-2011
The claimant appealed against an order requiring him to deposit a substantial sum as security for costs for the bringing of his action for copyright infringement in respect of the Harry Potter series of books.
Held: The appeal failed. The . .
Lists of cited by and citing cases may be incomplete.

Costs, Intellectual Property

Updated: 04 September 2022; Ref: scu.431281

Brookes v HSBC Bank Plc: CA 29 Mar 2011

The appellant had failed in his challenge to the bank’s imposition of charges.

Citations:

[2011] EWCA Civ 354

Links:

Bailii

Statutes:

Consumer Credit Act 1974 78

Jurisdiction:

England and Wales

Citing:

Appeal from – Carey v HSBC Bank plc, Yunis v Barclays Bank plc and similar QBD 23-Dec-2009
(Manchester Mercantile Court) The court considered the effects in detail where a bank was unable to comply with a request under section 78 of the 1974 Act to provide a copy of the agreement signed by the client.
Held: The court set out to give . .
Lists of cited by and citing cases may be incomplete.

Consumer, Banking, Costs

Updated: 04 September 2022; Ref: scu.431243

British Pregnancy Advisory Service v Secretary of State for Health: Admn 18 Mar 2011

Judges:

Supperstone J

Citations:

[2011] EWHC 637 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Main Judgment – British Pregnancy Advisory Service v Secretary of State for Health Admn 14-Feb-2011
The claimant sought a declaration that the administration of an abortifacient drug was not ‘any treatment for the termination of pregnancy’ for the purposes of section 1 of the 1967 Act, allowing the piloting and possible adoption of early medical . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 04 September 2022; Ref: scu.430669

Mbasogo and Another v Logo Ltd and others: CA 5 Apr 2006

Citations:

[2006] EWCA Civ 608

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Mbasogo, President of the State of Equatorial Guinea and others v Logo Ltd and others QBD 21-Sep-2005
The court was asked whether a crime, which was not an actionable tort, constituted unlawful means for the purposes of the tort of conspiracy to injure by unlawful means. . .

Cited by:

See Also – Mbasogo, President of the State of Equatorial Guinea and Another v Logo Ltd and others CA 23-Oct-2006
Foreign Public Law Not Enforceable Here
The claimant alleged a conspiracy by the defendants for his overthrow by means of a private coup d’etat. The defendants denied that the court had jurisdiction. The claimants appealed dismissal of their claim to damages.
Held: The claims were . .
Lists of cited by and citing cases may be incomplete.

Costs, Torts – Other

Updated: 04 September 2022; Ref: scu.241762

Evans v Pinsent Masons Llp: QBD 19 Jun 2019

Application by the defendant for the court to give oral reconsideration to an order granting relief from sanction and an extension of time to the claimant to request oral consideration of an order that had been made refusing permission to appeal against an order of a Costs Judge

Citations:

[2019] EWHC 2150 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 03 September 2022; Ref: scu.642115

G v E and Others: FD 21 Dec 2010

(Court of Protection) Baker J awarded costs against a local authority which had been guilty of misconduct which, he held, justified departure from the general rule. He observed: ‘Parties should be free to bring personal welfare issues to the Court of Protection without fear of a costs sanction. Local authorities and others who carry out their work professionally have no reason to fear that a costs order will be made . . It is only local authorities who break the law, or who are guilty of misconduct that falls within the meaning of rule 159, that have reason to fear a costs order. Local authorities who do their job properly and abide by the law have nothing to fear.’ and ‘Gone are the days when it is appropriate for a court to dismiss applications for costs on the basis that it all comes out of the same pot’.

Judges:

Baker J

Citations:

[2010] EWHC 3385 (Fam), [2011] Fam Law 473, (2011) 14 CCL Rep 140, [2011] 1 FLR 1566

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – G v E and Others CoP 26-Mar-2010
E Was born with and still suffered severe learning difficulties. The court was asked as to the extent of his capacity to make decisions, and as to where he should live, with a family member, the carer or with the local authority, which had removed . .
See Also – G v E and Others CA 16-Jul-2010
E, now aged 19, suffered a genetic disorder leading to severe learning disability and lack of mental capacity. He had been in the care of his sister, the appellant, but had been removed by the local authority when his behaviour became disturbed. G, . .

Cited by:

Appeal from – Manchester City Council v G and Others CA 2-Aug-2011
The Council had been found to have wrongfully deprived the applicant of his liberty. They appealed now against an award of costs made against them.
Held: The appeal failed. The judge the power to depart from the usual order made under rule 157 . .
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 . .
Cited – 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.

Costs, Family

Updated: 03 September 2022; Ref: scu.430396

Carlisle and Cumbria United Independent Supporters’ Society Ltd v CUFC Holdings Ltd and Others: CA 5 May 2010

The claimant supporters’ club had brought an action to prevent a substantial shareholder in the first defendant company from selling off land owned by the club for no consideration. The parties had reached a settlement after a protracted claim seeking to prevent a director of a holding company from assigning land belong to the Football club without consideration. The claimants now appealed against a limited order for costs in their favour.
Held: The judge had erred. The trust should have all its costs as against the director, and then on a standard basis and as against the company on an indemnity basis.

Judges:

Arden LJ, Patten LJ, Briggs J

Citations:

[2010] EWCA Civ 463

Links:

Bailii

Statutes:

Companies Act 2006 260

Jurisdiction:

England and Wales

Citing:

Cited – Trendtex Trading Corporation v Credit Suisse HL 1981
A party had purported to sue having taken an assignment of a dishonoured letter of credit, in the context of the abolition of maintenance and champerty as crimes and torts in the 1967 Act.
Held: The assignment was struck down as champertous, . .
Cited – Bartlett v Barclays Bank Trust Co Ltd (Nos 1 and 2) ChD 1980
A claim was made against a trustee for compensation for losses incurred during the administration of the trust.
Held: For a court to order an account by a trustee on the basis of wilful default, and make the defendant liable not only for . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 02 September 2022; Ref: scu.409980

Paddick v Associated Newspapers Ltd: QBD 10 Dec 2003

The defendant sought disclosure of full statements used by the claimant . Extracts only had been supplied, and he said they contained private and confidential material.
Held: The application failed. The claimant had stated that the balance of the material did not relate to the case, and in the absence of evidence to the contrary that statement was to be accepted. As to the costs of transcribing tape recordings, the court was unable to find convincing direct authority, and made the costs costs in cause.

Judges:

Tugendhat J

Citations:

[2003] EWHC 2991 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’) HL 13-Oct-1988
Loss of Confidentiality Protection – public domain
A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations . .
Cited – Reynolds v Times Newspapers Ltd and others HL 28-Oct-1999
Fair Coment on Political Activities
The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the . .
Cited – GE Capital Corporate Finance Group v Bankers Trust Co and Others CA 3-Aug-1994
Irrelevant parts of documents required to be disclosed may be blanked out on discovery by the party giving discovery. Hoffmann LJ: ‘It has long been the practice that a party is entitled to seal up or cover up parts of a document which he claims to . .
Cited – Jones v Andrews 1888
Where a party to proceedings gives his list of documents supported by his oath, discovery is conclusive, Cotton LJ said that: ‘unless the court can be satisfied – not on a conflict of affidavits, but either from the documents produced or from . .
Cited – Loutchansky v Times Newspapers Limited (No 2) CA 12-Mar-2001
The defendants appealed against a refusal to allow them to amend their pleadings. They wished to include allegations as to matters which were unknown to the journalist at the time of publication.
Held: It is necessary for the defendants to . .
Cited – Saad Al-Fagih v HH Saudi Research and Marketing (UK) Ltd QBD 28-Jul-2000
The court considered the factors which the court should take into account when carrying out the balancing process with regard to the defence of qualified privilege because of the public interest: ‘Some factors relate to the quality, status and . .
Cited – Campbell v Mirror Group Newspapers plc CA 14-Oct-2002
The newspaper appealed against a finding that it had infringed the claimant’s privacy by publishing a photograph of her leaving a drug addiction clinic.
Held: The claimant had courted publicity, and denied an involvement in drugs. The defence . .
Cited – Bayer v Harris Pharmaceuticals Ltd 1991
A disclosing party does not have to provide a translation of documents in a foreign language. . .
Cited – Maltez v Lewis ChD 27-Apr-1999
The right of a litigant, to choose his solicitor and counsel, is a fundamental one not to be set aside by mere rules of court. In particular the new rules should not be interpreted so as to achieve this. This is part of the principle of equality of . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Costs

Updated: 02 September 2022; Ref: scu.201653

M V Yorke Motors v Edwards: HL 1982

A sale of a second hand Rolls Royce had gone wrong. The plaintiff was claiming damages of 23,250 pounds. The plaintiff sought Order 14 summary judgment. That was refused, and the Master gave leave to defend without any conditions. The plaintiff appealed to the High Court which again refused summary judgment, only gave leave to defend conditional on the defendant paying pounds 12,000 into court. The defendant was receiving legal aid with a nil contribution, he was unemployed, and he was receiving supplementary benefit, and he could not meet the condition. The Court of Appeal allowed the appeal on the basis of a concession that a condition with which the defendant could not comply was equivalent to judgment for the plaintiff, and such a condition ought not to be imposed and substituted a condition that the defendant should pay pounds 3,000 into court. The evidence suggested that the defendant himself did not have pounds 3,000, but the court made the common sense assumption that he was likely to have relatives and friends who, if he was putting forward his defence in good faith, would be willing to help him to that more modest extent.
Held: Their Lordships dismissed his appeal. As to an order for security for costs, ‘If the sum ordered to be paid as a condition of granting leave to defend is one which the defendant would never be able to pay, then that would be a wrongful exercise of discretion, because it would be tantamount to giving judgment for the plaintiff notwithstanding the court’s opinion that there was an issue or question in dispute which ought to be tried.’ The court should take into account the fact that a litigant pleading impecuniosity ‘may have funds, he may have business associates, he may have relatives, all of whom can help him in his hour of need’.
Lord Diplock set out a proposition in the respondent’s case: ”(i) Where a defendant seeks to avoid or limit a financial condition by reason of his own impecuniosity the onus is upon the defendant to put sufficient and proper evidence before the court. He should make full and frank disclosure.
(ii) It is not sufficient for a legally aided defendant to rely on there being a legal aid certificate. A legally aided defendant with a nil contribution may be able to pay or raise substantial sums.
(iii) A defendant cannot complain because a financial condition is difficult for him to fulfil. He can complain only when a financial condition is imposed which it is impossible for him to fulfil and that impossibility was known or should have been known to the court by reason of the evidence placed before it.’ and continued ‘I see no reason to dissent from those submissions. They summarise conveniently the reasons why the judge and the Court of Appeal made leave to defend conditional upon the provision by Mr. Edwards of security in the sums that they respectively ordered.’

Judges:

Lord Diplock

Citations:

[1982] 1 WLR 444, [1982] 1 All ER 1024

Statutes:

RSC Ord 14

Jurisdiction:

England and Wales

Cited by:

Cited – North East Lincolnshire Borough Council v Millenium Park (Grimsby) Ltd CA 23-Oct-2002
An agreement was made for a redevelopment of land. The council sought an order requiring specific performance by the respondent of its obligations. The council sought summary judgment, which the respondent resisted claiming that it was presently . .
Cited – Prince Radu of Hohenzollern v Houston and Another QBD 7-Mar-2006
The claimant resided in Romania, and sought damages for libel. The magazine had obtained an order for security for costs. An offer had been made to cover the sum ordered, and no stifling could now happen.
Held: Any order for security costs in . .
Cited – Goldtrail Travel Ltd v Onur Air Tasimacilik As SC 2-Aug-2017
At first instance the appellant had dishonestly assisted another party to defraud the respondent, and ordered payment of substantial damages. The defendant, non-resident, sought to appeal, and the respondent asked the court to order payment into . .
Lists of cited by and citing cases may be incomplete.

Costs, Contract, Litigation Practice

Updated: 02 September 2022; Ref: scu.183133

Hammond Suddard, Solicitors v Agrichem International Holdings Limited: CA 18 Dec 2001

The appellant sought staying the order for him to pay costs pending the results of an appeal, and the respondent sought security for costs in fighting the appeal, and a striking out in default of payment, and for security for payment of the judgement debt. The applicant company is a limited liability company registered in the Virgin Islands and without assets within the jurisdiction. The solicitors had claimed for their costs in representing the claimant, and the claimant wished to counterclaim asserting professional negligence. The appellant filed papers showing the company’s dire financial condition, but the court considered it inadequate. The appellant had been incorporated in the British Virgin Islands and was owned by trustees on discretionary trusts for an unidentified but apparently wealthy family. The appellant had, so it said, no assets. But could it raise from its beneficial owners a sum equal to the judgment debt and costs in order to enable it to make the payment into court? If so, there was ‘a compelling reason’ within the meaning of Rule 52.9(2) for imposing the condition sought by the respondents.
Held: There was no risk of the appeal being stifled by the costs being paid. An order for security for costs was appropriate in the light of the applicant’s failure to disclose detailed assets. Here, leave to appeal had been refused, then granted by a single Lord Justice, and where compelling reason existed, the court could impose conditions on the appeal going ahead. The difficulty of enforcing any award, and failure of the claimant to give full disclosure, was such a compelling reason, and the court should exercise its discretion in ordering security for the judgement debt appealed against. The decision may have been different if the court had concluded that the appeal might be stifled. When considering a stay, the court should ask i) what were the risks of the appeal being stifled if a stay was refused, and ii) if a stay was granted, but the appeal failed, would the respondent be able to enforce the judgment, and iii) if the stay were refused and the appeal succeeded, but the order enforced in the interim what prejudice would attach to the appellants.

Judges:

Lord Justice Clarke, And, Mr Justice Wall

Citations:

[2001] EWCA Civ 2065, [2002] CP Rep 21

Links:

Bailii

Statutes:

Civil Procedure Rules 25.13(2)(b), 25.15(1), 52.9(1)(c)

Jurisdiction:

England and Wales

Cited by:

Applied – Moat Housing Group South Ltd v Harris and Another CA 17-Dec-2004
The Housing Association had obtained a possession order against the appellant family, who now sought a stay of execution pending their appeal.
Held: The presence of children in the house meant that the balance had to include consideration of . .
Cited – Prince Radu of Hohenzollern v Houston and Another QBD 7-Mar-2006
The claimant resided in Romania, and sought damages for libel. The magazine had obtained an order for security for costs. An offer had been made to cover the sum ordered, and no stifling could now happen.
Held: Any order for security costs in . .
Criticised in part – Goldtrail Travel Ltd v Onur Air Tasimacilik As SC 2-Aug-2017
At first instance the appellant had dishonestly assisted another party to defraud the respondent, and ordered payment of substantial damages. The defendant, non-resident, sought to appeal, and the respondent asked the court to order payment into . .
Applied – Societe Generale SA v Saad Trading, Contracting and Financial Services Company and Another CA 23-May-2012
The Court was asked to determine applications by Societe Generale SA, which was the respondent to appeals which the two appellants had been permitted to bring against orders made against each of them for payment to the bank of US$49m. The first . .
Lists of cited by and citing cases may be incomplete.

Costs, Legal Professions, Civil Procedure Rules

Updated: 02 September 2022; Ref: scu.167218

Hughes v Kingston Upon Hull City Council: QBD 9 Nov 1998

The Solicitors Practice Rules have the effect of law, and it is still improper to agree to pursue contentious proceedings on a contingency fee arrangement without specific statutory sanction, especially in criminal proceedings. An agreement for payment of legal fees on a contingency basis in a quasi-criminal matter (nuisance summons) remained unlawful, and a successful party was not able to claim indemnity against such costs.

Judges:

Rose LJ, Mitchell J

Citations:

Gazette 18-Nov-1998, Times 09-Dec-1998, [1999] QB 1193, [1998] EWHC 343 (QB), [1999] 2 All ER 49, [1999] 2 WLR 1229, (1999) 31 HLR 779, [1999] Env LR 579

Links:

Bailii

Statutes:

Environmental Protection Act 1990 79(1)(a) 82(12)

Jurisdiction:

England and Wales

Citing:

Distinguished – Thai Trading (a Firm) v Taylor and Taylor (of Taylors Solicitors, Caversham) CA 27-Feb-1998
A solicitor had agreed with his wife to act for her in litigation on the understanding that he would only recover his profit costs if she succeeded.
Held: This agreement did not offend public policy. This type of agreement was distinguished . .
Cited – Swain v The Law Society HL 1983
The Solicitors’ Practice Rules had the force of a statute, being rules made by the Council of the Law Society with parliamentary sanction for the protection of that section of the public who might be in need of legal advice, assistance or oversight. . .

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 – Sibthorpe and Morris v London Borough of Southwark CA 25-Jan-2011
The court was asked as to the extent to which the ancient rule against champerty prevents a solicitor agreeing to indemnify his claimant client against any liability for costs which she may incur against the defendant in the litigation in which the . .
Lists of cited by and citing cases may be incomplete.

Costs, Legal Professions

Updated: 02 September 2022; Ref: scu.145210

Morgan v The Spirit Group Ltd: CA 2 Feb 2011

Black LJ said: ‘it is very important for the judge to take a global view of the proportionality of the costs incurred but, before he fixes a figure for costs, he must advance from that to an item by item consideration of the individual elements of the bill by way of a summary assessment or alternatively, he must direct a detailed assessment which will fulfil that task’.

Judges:

Ward, Patten, Black LLJ

Citations:

[2011] EWCA Civ 68, [2011] PIQR P9, [2011] CP Rep 22

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 01 September 2022; Ref: scu.428534

In re T (A Child): CA 18 Nov 2010

Paternal grandparents appealed against a refusal to make an order for costs in their favour against the local authority. The refusal was made in the course of care proceedings brought by the local authority in relation to two grandchildren. The applicants had intervened after allegations of child abuse, and had been represented and exonerated in a discrete hearing to establish the facts. The Court had, in accordance with usual practice declined to order costs in their favour.
Held: The appeal succeeded. Judge Dowse had failed to appreciate the true purport of the judgment in In re J, which was favourable rather than adverse to the grandparents’ application for costs.

Judges:

Wilson, Munby LJJ, Coleridge J

Citations:

[2010] EWCA Civ 1585, [2011] Fam Law 579, [2011] 1 FCR 1585

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – In re J (Children) (Costs of Fact-Finding Hearing) CA 26-Oct-2009
Mother and father disputed contact. The district judge held a fact finding hearing to resolve allegations of violence made by the mother and denied by the father. Most of the mother’s allegations were held to be established and she sought the costs . .

Cited by:

Appeal from – 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.

Children, Costs

Updated: 01 September 2022; Ref: scu.428236

Global Sata Fe Drilling (North Sea) Ltd and Others v The Lord Advocate: SCS 27 May 2009

Appeal against award of expenses at fatal accident enquiry.

Judges:

Lord President, Lord Reed, Lord Marnoch

Citations:

[2009] ScotCS CSIH – 43, 2009 GWD 22-355, 2009 SLT 597

Links:

Bailii

Statutes:

Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976

Jurisdiction:

Scotland

Costs

Updated: 01 September 2022; Ref: scu.346592

Askey v Wood: CA 21 Apr 2005

Citations:

[2005] EWCA Civ 574

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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

Personal Injury, Road Traffic, Costs

Updated: 01 September 2022; Ref: scu.225050

Ross v Stonewood Securities Ltd: ChD 7 Oct 2004

The claimant appealed an order reducing his award of costs.

Judges:

The Honourable Mr Justice Lewison

Citations:

[2004] EWHC 2235 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Home Office v Lownds (Practice Note) CA 21-Mar-2002
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 . .
Cited – Giambrone and others v Sunworld Holidays Ltd CA 18-Feb-2004
Many holidaymakers had suffered gastro-enteritis and sued for compensation. They had sought a sum to reflect the value of gratuitous care.
Held: Save in more serious cases, awards for children suffering gastro-enteritis and cared for by their . .
Cited – Ortwein v Rugby Mansions Ltd 2004
. .
Cited – Giambrone and others v JMC Holidays Ltd (Formerly Sunworld Holidays Ltd) QBD 20-Dec-2002
. .
Cited – Tanfern Ltd v Cameron-MacDonald, Cameron-MacDonald CA 12-May-2000
The court gave detailed guidance on the application of the new procedures on civil appeals in private law cases introduced on May 2. Appeals from a County Court District Judge’s final decision in a multi-track case could now go straight to the Court . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Costs

Updated: 01 September 2022; Ref: scu.216004

Solomon v University of Hertfordshire and Another: EAT 29 Oct 2019

Sex Discrimination — Burden of Proof
The liability judgment
The ET did not err in law in dismissing the Claimant’s complaints of unlawful discrimination, victimisation and harassment. In one respect – relating to the ET’s reasoning concerning the burden of proof – the EAT’s decision is by a majority, Mr Hunter dissenting – see paragraphs 61-76.
The costs judgment
The ET erred in law in its approach to the question of costs. In determining whether the Claimant’s conduct (for example in proceeding with the litigation rather than accepting offers) was unreasonable it should not have substituted its own view but should rather have asked whether her conduct was within or outside the range of reasonable responses in the circumstances.
‘We wish to say a word about the offer of pounds 500 to the Claimant to obtain legal advice. We think it clear that the advice which the Claimant could expect to receive for this sum (or any sum remotely like it) would only relate to the terms and effect of the proposed settlement and its effect on her ability to pursue her rights thereafter (see section 203(3) of the Employment Rights Act 1996). Any advice as to the merits of the Claimant’s claim and the likely award of compensation would require reading and consideration on a quite different scale. So even if the Claimant had sought advice, she would still have had to make her own lay assessment as to the merits of her claim and the likely award of compensation. The ET said, in paragraph 10 of its reasons, that the offer of pounds 500 plus VAT was for a solicitor ‘to advise on the merits of a settlement’. If so, the offer was wholly unrealistic.’

Judges:

David Richardson HHJ

Citations:

[2019] UKEAT 0258 – 18 – 2910

Links:

Bailii

Statutes:

Employment Tribunal Rules of Procedure 2013 76

Jurisdiction:

England and Wales

Employment, Discrimination, Costs

Updated: 01 September 2022; Ref: scu.643082

London Tara Hotel Ltd v Kensington Close Hotel Ltd: ChD 14 Jan 2011

Judges:

Roth J

Citations:

[2011] EWHC 29 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Main Judgment – London Tara Hotel Ltd v Kensington Close Hotel Ltd ChD 1-Nov-2010
The defendant asserted that it had acquired the right to use a private access road over the claimant’s land. There had been a licence granted under which an earlier owner had been said to have used the land. The defendant claimed under the 1832 Act . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 31 August 2022; Ref: scu.428081

Nelson and Another v Clearsprings (Management) Ltd: CA 20 Dec 2006

Citations:

[2006] EWCA Civ 1854

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Nelson and Another v Clearsprings (Management) Ltd CA 22-Sep-2006
The defendant did not appear at the trial and now appealed the judgment. The claim form and court papers had been served by post at the wrong address. The question was whether a defendant wanting to set aside a judgment was required to persuade the . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 29 August 2022; Ref: scu.249114

Settelen and Another v Commissioner of Police of the Metropolis: ChD 29 Sep 2004

The claimants had made application for tapes held by the respondent to be released. The claimant offered undertakings as to their preservation, and agreement had been reached. The outstanding issue was as to costs. The tapes were recorded by the claimant of the late Diana, Princess of Wales.
Held: To justify retention of a document, or property, it must be necessary in all the circumstances. Had the police been open in their dealings it could have been dealt with more quickly. Despite court orders the tape had been copied whilst in the possession of the police, and it was not for them now to assert that they would keep it more securely. They should pay the costs.

Judges:

Peter Smith J

Citations:

[2004] EWHC 2171 (Ch)

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 19 22

Jurisdiction:

England and Wales

Citing:

Cited – Thakur Persad Jaroo v Attorney-General of Trinidad and Tobago PC 4-Feb-2002
(Trinidad and Tobago) The appellant sought a declaration that his constitutional rights had been infringed. He had bought a car. When told it may be stolen, he took it to the police station, but after he heard nothing and it was not returned. He . .
Cited – Ghani v Jones CA 1970
The court was asked as to the powers of the police to retain objects taken and impounded.
Held: The privacy and possessions of an individual were not to be invaded except for the most compelling reasons.
Lord Denning MR said: ‘Balancing . .
Cited – Gough and Another v The Chief Constable of the West Midlands Police CA 2-Mar-2004
The claimants sought return of vehicle parts from the police. The police replied that the goods had been tampered with in such a way as to suggest they may have been stolen, and that they were therefore kept, even after the finish of the court . .
Lists of cited by and citing cases may be incomplete.

Police, Costs

Updated: 29 August 2022; Ref: scu.214645

Purfleet Farms Ltd v Secretary of State for Transport, Local Government and the Regions: CA 15 Oct 2002

The appellant had sought compensation after compulsory acquisition of his land. He had beaten the final offer made by the respondent, but the tribunal had judged the landowner’s offer itself to be so high that it awarded only part of the costs. He appealed.
Held: A finding as to the applicant’s own offer could not justify the reduction in the costs award. The tribunal could disallow costs for a special reason, but the normal award must allow for the reasonable and necessary expenses of determining the amount of the disputed compensation. Valuation is an exercise in judgement, and is imprecise. It would be rare to disallow costs on such a basis. In truth here the tribunal had been requested to make fruitless comparisons with other sites, which had unnecessarily incurred costs, and the award stood.

Judges:

Potter, Chadwick, Wall LLJ

Citations:

Gazette 31-Oct-2002, Times 07-Nov-2002, [2002] EWCA Civ 1430, [2003] 02 EG 105, [2003] P and CR 324, [2002] RVR 368

Links:

Bailii

Statutes:

Land Compensation Act 1961 5

Jurisdiction:

England and Wales

Land, Costs

Updated: 29 August 2022; Ref: scu.177729

Perrins v Holland and Others: CA 8 Dec 2010

The court heard an appeal as to costs.

Citations:

[2010] EWCA Civ 1398

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Perrins v Holland and Another ChD 31-Jul-2009
The son of the deceased challenged the testamentary capacity of the testator and further claimed under the 1975 Act. The deceased was disabled and had substantial difficulty communicating.
Held: The will was validly made. Logically it is . .
See Also – Perrins v Holland and Others ChD 21-Oct-2009
. .
See Also – Perrins v Holland and Others; In re Perrins, deceased CA 21-Jul-2010
The testator had given instructions for his will and received a draft will. The judge had found that he had capacity to make the will when he gave instructions but not when it was executed. The will having been made in accordance with his . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Costs

Updated: 28 August 2022; Ref: scu.426904

Mortgage Express v Sawali: SCCO 22 Nov 2010

Citations:

[2010] EWHC 90181 (Costs)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Mai Judgment – Mortgage Express v Sawali ChD 22-Nov-2010
The claimant sought delivery up of files of the defendants’ predecessor solicitors practice relating to its matters and now in their possession. The defendant said it would be wrong to hand over entire files where the firm had also acted for lay . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 27 August 2022; Ref: scu.426455

CTS Eventim Ag v Competition Commission: CAT 18 Feb 2010

CAT Ruling of the Tribunal on an application by Eventim for an order that the Commission pay its costs. The Tribunal considered that, as Eventim was the successful party, the starting point should be that it was entitled to its costs. However the Tribunal concluded that Eventim should be only entitled to recover seventy-five per cent of its costs, to be assessed if not agreed, as the work done by Eventim in compiling its notice of application would be useful in making submissions to the Commission in respect of the new decision.

Citations:

[2010] CAT 8, [2010] Comp AR 224

Links:

Bailii, CAT

Statutes:

Enterprise Act 2002

Jurisdiction:

England and Wales

Commercial, Costs

Updated: 26 August 2022; Ref: scu.421776

Gil v Baygreen Properties Limited (In Liquidation) and Others: ChD 19 Aug 2004

Judges:

Mr Nicholas Davidson Qc

Citations:

[2004] EWHC 2029 (Ch), [2005] 1 Costs LR 75

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At Court of Appeal – Gil v Baygreen Properties Ltd CA 5-Jul-2002
The applicant had defended an action for possession for arrears of rent, and counterclaimed for damages for failure to repair. A compromise was put to the court, and the court took that as consent and made a possession order. The tenant appealed. . .
Cited – Halsey v Milton Keynes General NHS Trust etc CA 11-May-2004
The court considered the effect on costs orders of a refusal to take part in alternate dispute resolution procedures. The defendant Trust had refused to take the dispute to a mediation. In neither case had the court ordered or recommended ADR.
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 26 August 2022; Ref: scu.200468

St Mary’s Mansions Ltd v Limegate Investment Co Ltd, Sarruf and others: CA 11 Oct 2002

The tenants under long leases, paid a service charge. The Landlord kept the excess in a reserve fund, though no proper mechanism existed for this in the lease. The tenants requested its repayment, claiming that under the 1987 Act, the fund was held in trust. The landlord sought to use the fund to pay its legal expenses.
Held: It was wrong to hold money paid for one purpose, for another unspecified purpose, and the excess was to be repaid. The landlord was not able to charge his legal expenses to the fund.

Judges:

Lords Justice Ward, Mummery and Jonathan Parker

Citations:

Gazette 24-Oct-2002, Gazette 07-Nov-2002, Times 13-Nov-2002, [2002] EWCA Civ 1492, [2003] 1 EGLR 41

Links:

Bailii

Statutes:

Landlord and Tenant Act 1987 42

Jurisdiction:

England and Wales

Landlord and Tenant, Costs

Updated: 26 August 2022; Ref: scu.177492

Gray v Richards Butler (A Firm): ChD 24 Jun 1996

Solicitors were not entitled to payment of their costs in the administration of the estate after the will had been challenged.

Judges:

Lloyd J

Citations:

Gazette 02-Aug-1996, Times 23-Jul-1996

Jurisdiction:

England and Wales

Cited by:

Cited – Humblestone v Martin Tolhurst Partnership (A Firm) ChD 5-Feb-2004
The solicitors sent a will to the client for execution, but failed to notice on its return that it had not been properly executed, the signature not being that of the client.
Held: The solicitors were under a duty to ensure that the will would . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Legal Professions, Costs

Updated: 24 August 2022; Ref: scu.80995

Bold v Urbisity Ltd: QBD 13 Oct 2010

After a substantial personal injury case, the parties now disputed who should bear the costs of the costs assessment which had itself lasted 8 days.
Held: Though the defendant had indeed managed to achieve a reduction in its liability on costs, that reduction was modest and nothing like what it had set out to achieve. The defendant should pay 71% of the costs of the assessment and 60% of the claimants costs of the appeal.

Judges:

Keith J

Citations:

[2010] EWHC 2530 (QB)

Links:

Bailii

Statutes:

Civil Procedure Rules 44.3(4)(b)

Jurisdiction:

England and Wales

Costs

Updated: 23 August 2022; Ref: scu.425205

BCL Old Co Ltd and Others v Basf Se (Formerly Basf Ag) and Others: CAT 12 Feb 2010

Citations:

[2010] CAT 6, [2011] Bus LR 512, [2010] Comp AR 214

Links:

Bailii

Citing:

See Also – BCL Old Co Ltd and others v Aventis Sa and others CAT 28-Jan-2005
Applications for security for costs. . .
See Also – BCL Old Co Ltd and others v Basf Se and others CAT 25-Sep-2008
The claimant sought damages after the defendants had been found to be part of an unlawful price maintenance cartel. The respondent argued that the claim was out of time.
Held: The claim could proceed. . .
See Also – BCL Old Co Ltd v Basf Se CAT 17-Oct-2008
The Tribunal unanimously decided that ‘the relevant date’ under rule 31(2) of the Tribunal Rules for the purposes of the Claimants’ claim fell on the expiry of the period during which an appeal against the relevant judgment of the CFI could have . .
See Also – BCL Old Co Ltd and Others v BASF Se and Others CA 22-May-2009
The claimant sought to bring an action for damages arising from an alleged breach of competition rules by the defendant. The defendant argued that the claim was out of time being outside the two year period required.
Held: The respondent’s . .
Lists of cited by and citing cases may be incomplete.

Commercial, Costs

Updated: 22 August 2022; Ref: scu.421774

Dee v Telegraph Media Group Ltd: QBD 28 Jul 2010

The defendant having successfully had the claimant’s defamation action struck out summarily, sought costs on an indemnity basis, saying that his conduct of the matter had substantially and unnecessarily increased the costs.

Judges:

Sharp J

Citations:

[2010] EWHC 1939 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Dee v Telegraph Media Group Ltd QBD 28-Apr-2010
The newspaper sought summary judgment in its defence of the defamation claim. The article labelled the claimant as the world’s worst professional tennis player. The paper said he had no prospect of succeeding once the second article in the same . .
Lists of cited by and citing cases may be incomplete.

Defamation, Costs

Updated: 22 August 2022; Ref: scu.421375