Tag: Costs

Recovery Partners GB Ltd and Another v Rukhadze and Others: ComC 24 Jan 2018

Application by solicitors to be released from undertakings as to retention of certain funds in exchange for the provision of security for those same costs by way of a Deed of Indemnity from an insurance company which has provided the Claimants with ATE Insurance.

Citations:

[2018] EWHC 95 (Comm), [2018] WLR(D) 44

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Costs

Updated: 06 April 2022; Ref: scu.606403

Thapa and Others (Costs: General Principles; S9 Review): UTIAC 16 Jan 2018

(1) What emerges from the guidance in Cancino (costs – First-tier Tribunal – new powers) [2015] UKFTT 59 (IAC) is that the power to award costs in rule 9 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 and rule 10 of the Tribunal Procedure (Upper Tribunal) Rules 2008 is to be exercised with significant restraint and that detailed examinations of other decided cases are unlikely to assist in deciding whether to award costs under either of those rules.
(2) Section 9 of the Tribunals, Courts and Enforcement Act 2007, read with the relevant procedure rules, enables the First-tier Tribunal to review, set aside and re-decide a case where, on the materials available to the judge deciding an application for permission to appeal, an error of law has occurred and (as in the present case) a party has thereby been deprived of a fair hearing. In the present case, such a course would have avoided the need for the matter to come before the Upper Tribunal and have resulted in a more expeditious outcome.

Citations:

[2018] UKUT 54 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Costs

Updated: 05 April 2022; Ref: scu.605709

Semlogistics Milford Haven Ltd v Webb (Valuation Officer) (Rating – Valuation – Costs): UTLC 27 Feb 2018

UTLC RATING – Valuation – hereditament – bulk liquid storage depot and premises – contractors test – Modern Equivalent – stage 1 construction costs – stage 2 adjustments – stage 5 ‘stand back and look’ – Schedule 6, Para 2(1) Local Government Finance Act 1988 – Rateable Value determined at pounds 1,165,000

Citations:

[2018] UKUT 19 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Rating, Costs

Updated: 05 April 2022; Ref: scu.605653

Corstorphine (An Infant) v Liverpool City Council: CA 26 Feb 2018

Application of the qualified one-way costs shifting (‘QOCS’) regime in CPR 44.13 to 44.17 in respect of an unsuccessful claim by the Appellant for damages for personal injury.

Citations:

[2018] EWCA Civ 270, [2018] WLR(D) 118

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Personal Injury, Costs

Updated: 05 April 2022; Ref: scu.605624

Haydar v Pennine Acute NHS Trust: EAT 12 Dec 2017

EAT The Employment Tribunal erred in law by erroneously placing the burden on the Claimant to satisfy it that costs should not be ordered under Rule 76, and dealt with this question before considering whether the Respondent had satisfied it that there was unreasonable conduct of some kind within Rule 76 to trigger the costs jurisdiction. The case was remitted to the same Tribunal to consider the whole picture and exercise its broad discretion as to whether a costs order is appropriate in all the circumstances of the case, and having regard to all relevant factors to be weighed fairly in the balance.

Judges:

Simler J P DBE

Citations:

[2017] UKEAT 0141 – 17 – 1212

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Costs

Updated: 05 April 2022; Ref: scu.605324

Percy v Anderson-Young: QBD 1 Nov 2017

After settlement of a substantial personal injury claim the defendant disputed payment of the premium for an ‘After the Event’ insurance policy.

Judges:

Martin Spencer J

Citations:

[2017] WLR(D) 796, [2017] EWHC 2712 (QB)

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Costs

Updated: 05 April 2022; Ref: scu.601111

Soll (Vale) v Jaggers: EAT 6 Oct 2017

PRACTICE AND PROCEDURE – Costs
Costs – power of EAT to make award of costs in both ET and EAT proceedings
The Respondent had succeeded in its appeal against a finding by the Employment Tribunal that it had unfairly dismissed the Claimant; whilst the question of liability would have needed to be remitted to the ET, the EAT had also substituted a finding that any award made would be nil (applying Polkey), given that the Claimant’s conduct meant that he would inevitably have been summarily dismissed for the charge relating to his falsification of a contractual document for personal gain. The Respondent applied for its costs both before the ET and EAT.

Held: dismissing the applications.
Although the EAT had the power to make an award of costs relating to the ET proceedings and the application had been made in time (time running from the date of the EAT Order, which had finally disposed of the ET proceedings), it was appropriate for the ET to determine the merits of the application and the amount of any award if made.
As for costs before the EAT, it could not be said that the Claimant’s defence of the appeal had been misconceived in all respects. Even if it had been unreasonable to defend the appeal in respect of the Polkey point, there would still have been a hearing on liability; it was unclear what, if any, additional costs arose from the Claimant’s defence of the Polkey aspect of the appeal. In the circumstances, it would be inappropriate to make an award of costs in respect of the EAT proceedings.

Citations:

[2017] UKEAT 0218 – 16 – 0610

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Costs

Updated: 02 April 2022; Ref: scu.601911

W Portsmouth and Company Ltd v Lowin: CA 19 Dec 2017

The Court was asked whether a cap on the amount of costs which can be allowed in respect of the costs of a provisional assessment of costs under CPR rule 47.15(5) applies where the receiving party is awarded costs on the indemnity basis because she has beaten her own Part 36 offer or whether CPR Part 36 entitles the successful receiving party to costs assessed on the indemnity basis without being subject to the cap.

Citations:

[2017] EWCA Civ 2172

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 02 April 2022; Ref: scu.601854

Mohammed v The Home Office: QBD 24 Nov 2017

The claimant having received a better settlement of his claim than had been offered by the defendant, he now sought an order under CPR and as to the level of interest payable.

Judges:

Pepperall QC DHCJ

Citations:

[2017] EWHC 3051 (QB), [2017] WLR(D) 784

Links:

Bailii, WLRD

Statutes:

Civil Procedure Rules 1998 36.17(4)

Jurisdiction:

England and Wales

Costs

Updated: 02 April 2022; Ref: scu.601108

Ukraine v Yanukovych: ECJ 23 Nov 2017

Appeal Relating Solely To The Amount of The Costs Set At First Instance : Order

Citations:

C-551/17, [2017] EUECJ C-551/17 – CO

Links:

Bailii

Jurisdiction:

European

Citing:

See Also – Ukraine v Yanukovych (Appeal Relating Solely To The Amount of The Costs Set At First Instance : Order) ECJ 23-Nov-2017
. .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 02 April 2022; Ref: scu.601061

Regina (Director of Public Prosecutions) v Aylesbury Crown Court and Another: Admn 24 Nov 2017

Application by the Crown Prosecution Service for judicial review seeking an order quashing a costs order made against it and made under section 19 of the Prosecution of Offences Act 1985 (the 1985 Act) and the Costs in Criminal Cases (General) Regulation 1986 (the Regulations).

Judges:

Sharp LJ, Julian Knowles j

Citations:

[2017] EWHC 2987 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice, Costs

Updated: 01 April 2022; Ref: scu.599707

Premier Motorauctions Ltd and Another v Pricewaterhousecoopers Llp and Another: CA 23 Nov 2017

Extent to which the existence of After-the-Event (‘ATE’) insurance is relevant when the court is considering an application for security for costs sought by the defendants in a claim brought by an insolvent company in liquidation.

Citations:

[2017] EWCA Civ 1872

Links:

Bailii

Jurisdiction:

England and Wales

Insolvency, Costs

Updated: 01 April 2022; Ref: scu.599609

Howlett v Howlett and Another: CA 30 Oct 2017

This appeal concerns CPR 44.16, which deals (as its heading indicates) with ‘Exceptions to one-way costs shifting where permission required’

Judges:

Lewison, Beatson, Newey LJJ

Citations:

[2017] EWCA Civ 1696

Links:

Bailii

Statutes:

Civil Procedure Rules 44.16(1)

Jurisdiction:

England and Wales

Costs, Civil Procedure Rules

Updated: 01 April 2022; Ref: scu.598464

Agyemang, Regina (on The Application of) v The London Borough of Haringey: CA 26 Oct 2017

Appeal by a claimant in judicial review proceedings against a costs order made by Haddon-Cave J on 17 February 2016 following the compromise of the proceedings. The judge made no order for costs. The claimant, who is publicly funded, says that she should have been awarded her costs because she had obtained by agreement substantially all of the relief which she had been seeking in the proceedings.

Judges:

Patten , Aspin LJJ

Citations:

[2017] EWCA Civ 1630

Links:

Bailii

Jurisdiction:

England and Wales

Costs, Judicial Review

Updated: 01 April 2022; Ref: scu.598460

Harrison v Eversheds Llp: QBD 24 Oct 2017

The preliminary issue was that the costs payable by him should be limited on the basis of estimates of costs given to him by the Defendant. The estimates were considerably lower than the costs sought.

Judges:

Slade DBE J

Citations:

[2017] EWHC 2594 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 01 April 2022; Ref: scu.598442

Kalma and Others v African Minerals Ltd and Others: QBD 14 Feb 2017

Citations:

[2017] EWHC 226 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Kalma and Others v African Minerals Ltd and Others QBD 29-Jan-2018
A threshold of seriousness was required before the court will undertake a balance of the competing interests to decide whether to make an order for anonymity. . .
Lists of cited by and citing cases may be incomplete.

Costs, Litigation Practice

Updated: 29 March 2022; Ref: scu.575246

Stevensdrake Ltd (T/A Stevensdrake Solicitors) v Hunt: CA 31 Jul 2017

SL appeals against a judgment dismissing SL’s claim against SH for its fees under a CFA dated 10 April 2008 for legal services provided in relation to the liquidation of Sunbow Limited, of which SH was the liquidator.

Judges:

Briggs, Hamblen LJJ

Citations:

[2017] EWCA Civ 1173

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions, Costs

Updated: 28 March 2022; Ref: scu.591687

The Kingsbridge Pension Fund Trust v Downs (Costs): UTLC 7 Jul 2017

Costs – appeal against order made by First-tier Tribunal – whether costs of the appeal in the Upper Tribunal to be awarded against the Appellant for unreasonable behaviour in bringing or conducting the appeal – Rule 10(3)(b) of The Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 – basis of assessment

Citations:

[2017] UKUT 284 (LC)

Links:

Bailii

Statutes:

The Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 10(3)(b)

Jurisdiction:

England and Wales

Costs

Updated: 28 March 2022; Ref: scu.591402

Select Car Rentals (North West) Ltd v Esure Services Ltd: QBD 19 Jun 2017

The court considered the extent to which credit hire companies are potentially vulnerable to adverse costs orders in litigation to which they are not a party in the context of the settlement of road traffic accidents.

Judges:

Turner J

Citations:

[2017] EWHC 1434 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Costs, Road Traffic

Updated: 28 March 2022; Ref: scu.588190

J H Shannon v Country Casuals Holdings Plc: QBD 21 May 1997

A witness who was answering a sub poena ad duces tecum, is entitled to his costs incurred in complying with the order over and above just the conduct money. Such an order can lead to real additional costs.

Citations:

Times 16-Jun-1997, Gazette 21-May-1997

Jurisdiction:

England and Wales

Litigation Practice, Costs

Updated: 28 March 2022; Ref: scu.89189

Lakhani and Another v Mahmud and Others: ChD 5 Jul 2017

Appeal by the defendants from an order dismissing the defendants’ application for relief from the sanctions provided for by CPR 3.14 in respect of the failure to comply with one of the case management orders relating to the filing of costs budgets

Judges:

Daniel Alexander QC

Citations:

[2017] EWHC 1713 (Ch), [2017] WLR(D) 455

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Costs, Litigation Practice

Updated: 27 March 2022; Ref: scu.589959

Halborg v EMW Law Llp: CA 23 Jun 2017

The Court was asked whether a Limited Liability Partnership (‘LLP’) of solicitors, which is a party to litigation and acts as its own legal representative in the proceedings, is a litigant in person within CPR 46 and so can only recover the level of costs allowed to litigants in person under CPR 46.5(2) and PD46 para. 3.4.

Judges:

Sir Terence Etherton, MR, Beatson, Underhill LJJ

Citations:

[2017] EWCA Civ 793

Links:

Bailii

Statutes:

Civil Procedure Rules 46.5

Jurisdiction:

England and Wales

Costs, Legal Professions

Updated: 27 March 2022; Ref: scu.588322

Hyde v Milton Keynes NHS Foundation Trust: CA 23 May 2017

Whether conditional fee agreement had become unenforceable due to the concurrency of public legal aid funding and a private retainer.

Judges:

Davis, Lewison, McCombe LJJ

Citations:

[2017] EWCA Civ 399, [2017] WLR(D) 362

Links:

Bailii, WLRD

Statutes:

Access to Justice Act 1999 10(1) 22(2)

Jurisdiction:

England and Wales

Legal Aid, Costs

Updated: 26 March 2022; Ref: scu.584527

Wamala, Regina (on The Application of) v The Secretary of State for The Home Department: CA 23 May 2017

Appeal against an order refusing the Appellant’s application for costs in judicial review proceedings in which he sought a declaration that his detention had been unlawful and an order for his release, which was in the event compromised before determination.

Judges:

David Richards, Hickinbottom LJJ

Citations:

[2017] EWCA Civ 363

Links:

Bailii

Jurisdiction:

England and Wales

Judicial Review, Costs

Updated: 26 March 2022; Ref: scu.584258

The Secretary of State for Justice, The Lord Chancellor v SVS Solicitors: QBD 11 May 2017

The solicitors representing a defendant had claimed for the costs of examining 1571 pages of electronic materials. The Lord Chancellot now appealed against an order for their payment in the graduated payment scheme.

Judges:

Holroyde J

Citations:

[2017] EWHC 1045 (QB), [2017] WLR(D) 320

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Legal Aid, Costs

Updated: 26 March 2022; Ref: scu.584207

Chung and Another v Towey (Leasehold Enfranchisement – Costs): UTLC 18 Apr 2017

LEASEHOLD ENFRANCHISEMENT – costs – whether purchasing tenants liable to pay freeholder’s valuation fee incurred after application to FTT had been submitted – whether cost incurred in pursuance of tenant’s notice of claim – s.9(4)(e) Leasehold Reform Act 1967

Citations:

[2017] UKUT 157 (LC)

Links:

Bailii

Statutes:

Leasehold Reform Act 1967 9(4)(e)

Jurisdiction:

England and Wales

Landlord and Tenant, Costs

Updated: 24 March 2022; Ref: scu.582126