Tag: Costs

Minton Morrill Solicitors, Regina (on The Application of) v The Lord Chancellor: Admn 24 Mar 2017

The court was asked whether the Legal Aid Agency was right to refuse to allow payments claimed by the claimant solicitors for work done on certain applications to the European Court of Human Rights.

Judges:

Kerr J

Citations:

[2017] EWHC 612 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 24 March 2022; Ref: scu.581615

Lyons v Fox Williams Llp: QBD 23 Mar 2017

The claimant sought damages alleging that her claim for personal injuries and under an insurance policy had been badly handled. Having lost her claim in substance, the court now considered costs.

Judges:

Turner J

Citations:

[2017] EWHC 532 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Professional Negligence, Costs

Updated: 24 March 2022; Ref: scu.581314

Demouilpied v Stockport NHS Foundation Trust: Misc 4 Nov 2016

‘two appeals against decisions made by district judges, both of which relate to block-rated after the event (‘ATE’) insurance premiums. The issue which I have to decide is whether the district judges erred in their approach to their assessment of the ATE premiums applying the principles of reasonableness and proportionality.’

Judges:

Smith HHJ

Citations:

[2016] EW Misc B40 (CC)

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 24 March 2022; Ref: scu.581142

Adams v London Improved Motor Coach Builders Ltd: CA 1921

The plaintiff successfully sued his employers for wrongful dismissal. The defendant argued it should not pay costs since it was the plaintiff’s union who had retained the solicitors in the case, and it was the union to which the solicitors looked for payment of their costs.
Held: The argument was rejected. Bankes LJ said: ‘When once it is established that the solicitors were acting for the plaintiff with his knowledge and assent, it seems to me that he became liable to the solicitors for costs, and that liability would not be excluded merely because the union also undertook to pay the costs. It is necessary to go a step further and prove that there was a bargain, either between the union and the solicitors, or between the plaintiff and the solicitors, that under no circumstances was the plaintiff to be liable for costs.’
Atkin LJ said: ‘I think that it is highly probably, though the matter has not been discussed, that the solicitors have a personal right against the trade union to receive a proper remuneration for their services. It has not been discussed, and we do not know the precise terms of the relation between the trade union and the solicitors, but I assume there exists such an obligation. Nevertheless there is nothing inconsistent in that obligation co-existing with an obligation on the part of the plaintiff to remunerate the solicitors. Naturally, as a matter of business, the solicitors would, I have no doubt, apply in the first instance to the trade union, as being the persons ultimately liable to pay the costs as between all arties – that is to say, the persons who would have to indemnify the plaintiff against the costs. But that does not exclude the liability of the member, and it seems to me not in the least to affect the position that the client may be liable, although there may be a third person to indemnify the client.’

Judges:

Bankes LJ, Atkin LJ

Citations:

[1921] 1 KB 495

Jurisdiction:

England and Wales

Cited by:

Cited – Bee v Jenson ComC 21-Dec-2006
The defendant objected to paying the plaintiff the costs of a replacement hire car after the accident for which he was liable. He said that the plaintiff was in any event insured to recover that cost, and the insurance company were subrogated to the . .
Cited – Meretz Investments Nv and Another v ACP Ltd and others ChD 14-Nov-2007
The parties disputed the success of a sale by a mortgagee in possession of various properties. The parties disputed the apportionment of costs.
Held: The appeal failed. Where there is no express agreement concerning the division of costs, a . .
Cited – Radford and Another v Frade and Others QBD 8-Jul-2016
The court was asked as to the terms on which solicitors and Counsel were retained to act for the defendants. The appeals did not raise any issues concerning costs practice, and were by way of review of the Costs Judge’s rulings, and not by way of . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 23 March 2022; Ref: scu.247997

Re Southbourne Sheet Metal Co Ltd: CA 9 Sep 1992

The Secretary of State for Trade and Industry had sought orders of disqualification against the director and a co-director under the provisions of the Company Directors Disqualification Act 1986. The Secretary of State’s summons was supported by an affidavit from one of the receivers of the company.
Held: The director’s appeal succeeded. A discontinuance by the DTI led to a standard order for costs against the discontinuer.

Judges:

Nourse LJ

Citations:

Gazette 09-Sep-1992, [1993] 1 WLR 244, [1993] BCLC 135

Statutes:

Company Directors Disqualification Act 1986, Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 1987 (SI 1987 No.2023) 2

Jurisdiction:

England and Wales

Citing:

Cited – Re Elgindata Ltd (2) CA 15-Jul-1992
A successful plaintiff who had not been shown to have behaved improperly or unreasonably was not to have his costs reduced or be ordered to pay any part of his opponents costs for having pursued some unsuccessful points.
Nourse LJ said that . .

Cited by:

Cited – Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another CA 4-Feb-2010
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, . .
Cited – Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another CA 4-Feb-2010
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, . .
Lists of cited by and citing cases may be incomplete.

Company, Costs

Updated: 23 March 2022; Ref: scu.85883

Re Elgindata Ltd (2): CA 15 Jul 1992

A successful plaintiff who had not been shown to have behaved improperly or unreasonably was not to have his costs reduced or be ordered to pay any part of his opponents costs for having pursued some unsuccessful points.
Nourse LJ said that ‘(i) Costs are in the discretion of the court. (ii) They should follow the event, except when it appears to the court that in the circumstances of the case some other order should be made. (iii) The general rule does not cease to apply simply because the successful party raises issues or makes allegations on which he fails, but where that has caused a significant increase in the length or cost of the proceedings he may be deprived of the whole or a part of his costs.’

Judges:

Nourse LJ

Citations:

Gazette 15-Jul-1992, Times 18-Jun-1992, [1992] 1 WLR 1207, [1993] 1 All ER 232, [1993] BCLC 119

Jurisdiction:

England and Wales

Citing:

See Also – In re Elgindata Ltd ChD 1991
The plaintiff obtained a patent which was then to be utilised through the company, of which the plaintiff had one third shares. He later complained that the majority shareholder had acted prejudicially.
Held: Mismanagement could amount to . .

Cited by:

Cited – Amber v Stacey CA 15-Nov-2000
The defendant challenged an order that he should pay the plaintiff’s costs, having made an offer in correspondence which was not accepted.
Held: The claimant had exaggerated his claim, but the defendant’s offer had been inadequate. The judge’s . .
Cited – Smithkline Beecham Plc and Another v Apotex Europe Ltd and others CA 16-Dec-2004
Following its earlier main judgment in the case, the court made use of the CPR to award costs on an appeal. The overall result had been that the patent was found to be valid but not infringed. There had been huge costs. Smithkline sought costs on an . .
Cited – Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another CA 4-Feb-2010
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, . .
Cited – Re Southbourne Sheet Metal Co Ltd CA 9-Sep-1992
The Secretary of State for Trade and Industry had sought orders of disqualification against the director and a co-director under the provisions of the Company Directors Disqualification Act 1986. The Secretary of State’s summons was supported by an . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 23 March 2022; Ref: scu.85760

Holden and Co v Crown Prosecution Service (No 2); Similar Cases: CA 8 Jan 1992

The Civil Court of Appeal has jurisdiction to award Costs from central funds and they should be made in favour of successful applicants against wasted costs orders in criminal proceedings.

Citations:

Gazette 08-Jan-1992, [1992] 1 WLR 407, [1992] 2 All ER 642

Statutes:

Supreme Court Act 1981 51(1)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Holden and Co v Crown Prosecution Service (No 2); Steel Ford and Newton v Crown Prosecution Service and Another (No 2) HL 14-Jul-1993
The Court of Appeal had set aside wasted costs orders made in the Crown Court against four different firms of solicitors.
Held: The House set aside the orders but was unable to award to the firms their costs of the successful appeals. There is . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 25 February 2022; Ref: scu.81434

JSC Bta Bank v Ablyazov and Others: ComC 29 Jul 2011

Application by Mr Ablyazov and Mr Solodchenko for an order that the claimant should provide security for the costs of Mr Ablyazov and Mr Solodchenko in defending five actions which have been brought against them and others by the BTA Bank.

Judges:

Teare J

Citations:

[2011] EWHC 2500 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 04 February 2022; Ref: scu.578051

Medac Gesellschafte Fur Klinische Spezialpraparate Gmbh v Star Pharmaceutical Ltd (4063 (Ch)): ChD 21 Oct 2015

Application to revise costs budget.

Judges:

Clark M

Citations:

[2015] EWHC 4063 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Medac Gesellschafte Fur Klinische Spezialpraparate Gmbh v Star Pharmaceutical Ltd (B31 (Ch)) ChD 21-Oct-2015
Application to revise costs budget. . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 04 February 2022; Ref: scu.577829

Merrix v Heart of England NHS Foundation Trust: QBD 24 Feb 2017

Appeal raising a point of considerable importance arising out of the interplay between the costs budgeting regime under Part 3 of the Civil Procedure Rules and the detailed costs assessment regime under Part 47 of the CPR. The Costs Judge when granting permission said this: ‘The issue is the subject of significant debate in the legal profession with wide-ranging views and interpretations. There is no direct case authority on the point. An authority on the point would be highly desirable and as a matter of urgency. Already a number of detailed assessments have been adjourned pending this first instance decision.’ The case having been setled, the court was asked: ‘To what extent, if at all, does the costs budgeting regime under CPR Part 3 fetter the powers and discretion of the costs judge at a detailed assessment of costs under CPR Part 47?’

Judges:

Carr DBE J

Citations:

[2017] EWHC 346 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 03 February 2022; Ref: scu.577506

Lord Chancellor v Edward Hayes Llp and Another: QBD 1 Feb 2017

The LC appealed against a decision that defendant lawyers should be paid for the inspection of documents supplied to them in digital format.
Held: The appeal failed.

Judges:

Nicola Davies DBE J

Citations:

[2017] EWHC 138 (QB)

Links:

Bailii

Statutes:

Criminal Legal Aid (Remuneration) Regulations 2013

Jurisdiction:

England and Wales

Legal Aid, Costs

Updated: 29 January 2022; Ref: scu.573798

Medac Gesellschafte Fur Klinische Spezialpraparate Gmbh v Star Pharmaceutical Ltd (B31 (Ch)): ChD 21 Oct 2015

Application to revise costs budget.

Master Clark
[2015] EWHC B31 (Ch)
Bailii
England and Wales
Citing:
See Also – Medac Gesellschafte Fur Klinische Spezialpraparate Gmbh v Star Pharmaceutical Ltd (4063 (Ch)) ChD 21-Oct-2015
Application to revise costs budget. . .

Lists of cited by and citing cases may be incomplete.

Costs

Updated: 27 January 2022; Ref: scu.572389

Darroch and Another v Football Association Premier League Ltd: CA 2 Dec 2016

The Claimants had had their appeals against conviction for breaches of the 1988 Act set aside, but now appealed against refusal of their costs of defending the action.

Sir Brian Leveson, P, Hallett, Burnett LJJ
[2016] EWCA Civ 1220
Bailii
Copyright, Designs and Patents Act 1988 297
England and Wales

Costs, Intellectual Property

Updated: 26 January 2022; Ref: scu.572000

Harrison and Another v Black Horse Ltd: SCCO 7 Mar 2013

[2013] EWHC B5 (Costs)
Bailii
England and Wales
Citing:
See Also – Harrison and Another v Black Horse Ltd CA 12-Oct-2011
The appellant sought under section 104A to recover a Payment Protection Insurance premium paid in support of a loan. The borrower dealt directly with the lender, who acted as an intermediary with the insurer. The commission taken by the lender was . .

Lists of cited by and citing cases may be incomplete.

Costs

Updated: 26 January 2022; Ref: scu.516372

Bastionspark Llp and Others v Revenue and Customs: UTTC 5 Oct 2016

UTTC Costs in First-tier Tribunal – appellant LLPs appealing against closure notices disallowing partnership expenditure – appellants partially successful but failing on financially most significant issue – whether appellants the successful parties – whether First-tier Tribunal erred in directing appellants to pay two-thirds of HMRC’s costs – appeals against First-tier Tribunal dismissed

[2016] UKUT 425 (TCC)
Bailii
England and Wales

Income Tax, Costs

Updated: 24 January 2022; Ref: scu.570425

Wall v The Royal Bank of Scotland Plc: ComC 7 Oct 2016

Claimant may be ordered to disclose funder

The claimant alleged the misselling of interest rate sawp agreements by the defendant to his companies, leading to losses of andpound;700 million. The defendant now applied for disclosure of the identity of any third party funding the claimant’s litigation, and if appropriate the associated costs order.
Held: RBS has a proper basis to pursue an application under CPR 25.14 if only they can identify the correct respondent(s) to such an application. The order sought will require Mr Wall to provide information which he has that will enable RBS to identify that respondent or those respondents. There is a serious argument then to be had, on the merits, not between RBS and Mr Wall, although no doubt Mr Wall formally has an interest, but between RBS and the correct respondent(s), once identified, as to whether they should be required to put up security for RBS’s costs. An order would not infringe the claimant’s article 8 human rights.

Baker QC
[2016] EWHC 2460 (Comm)
Bailii
Civil Procedure Rules 25.14(2)(b)
England and Wales

Costs, Human Rights

Updated: 24 January 2022; Ref: scu.570438

Hills and Another v Revenue and Customs: UTTC 17 Jun 2016

UTTC COSTS – whether First-tier Tribunal had power to make an order in respect of costs under Rule 10(1)(c) of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 (Complex category) – application by appellants for recategorisation to Complex on first day of hearing, including intention not to opt-out – whether subsequent request to opt out under Rule 10(1)(c)(ii) effective – jurisdiction of Upper Tribunal to re-make costs order of the FTT – exercise of discretion – costs order in the Upper Tribunal proceedings

[2016] UKUT 266 (TCC)
Bailii
England and Wales

Costs

Updated: 24 January 2022; Ref: scu.570403

Isteed v London Borough of Redbridge: EAT 21 Jul 2016

Practice and Procedure: Costs – PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity
On appeal against a wasted costs order made against the opposing party’s solicitor, the appeal was allowed.
It was common ground that the Employment Judge made no positive findings on causation and gave no reasons for considering such an order ‘right’. The jurisdiction to make a wasted costs order extends only to impugned conduct that has caused a waste of costs and only to the extent of such wasted costs, demonstration of a causal link being essential. These findings were not implicit in the particular circumstances. The Employment Judge erred in failing adequately to deal with causation and the justice of such an order.
Separately, there was procedural unfairness. Given the fluid and changing nature of the application, the paying solicitors did not have proper or adequate notice of its basis that would enable them to respond. By the time of the final hearing of the application (which had taken four days separately listed), the comments and conduct of the Employment Judge led to the appearance of bias, and the Employment Judge should have recused himself.

Simler DBE P J
[2016] UKEAT 0442 – 14 – 2107
Bailii
England and Wales

Employment, Costs, Legal Professions

Updated: 24 January 2022; Ref: scu.570383

Hellas Telecommunications (Luxembourg) II Sca, Joint Liquidators of v Slaughter and May (A Firm): ChD 13 Jun 2014

Appeal by the liquidators of a company against the refusal of the Registrar to order that the fees of solicitors employed by the administrators previously in office, which have been agreed and paid by the administrators, should nevertheless be assessed by the court. It raises issues as to the effect of r7.34 of the Insolvency Rules, which provides that such fees may be fixed either by agreement of the responsible insolvency practitioner or by assessment, in circumstances where a liquidator disagrees with the decision of his predecessor.

David Cooke HHJ
[2014] EWHC 1390 (Ch)
Bailii
England and Wales

Insolvency, Costs

Updated: 23 January 2022; Ref: scu.570008

IG Index Ltd v Cloete: QBD 16 Sep 2016

Order for costs after decision that the action should not be allowed to go to trial.

Richard Parkes QC
[2016] EWHC 2297 (QB)
Bailii
England and Wales
Citing:
See Also – IG Index Plc v Cloete QBD 11-Dec-2013
The defendant applied to have struck out the claim, saying that it was based upon a misuse of documents disclosed during an employment tribunal case, and was an abuse since the claimants had not sought the permission of the Tribunal for a second use . .
See Also – IG Index Ltd v Cloete CA 31-Jul-2014
In the course of unfair dismissal proceedings, the defendant had disclosed possession of confidential materials of his former employer. The employer began these proceedings based on the materials. Only at a later point when he appointed solicitors . .
See Also – IG Index Ltd v Cloete QBD 21-Dec-2015
Application by the defendant to strike out the claim pursuant to CPR 3.4(2)(b) on the grounds that the proceedings amount to pointless and wasteful litigation, the continuation of which to trial serves no useful purpose for the claimant, squanders . .

Lists of cited by and citing cases may be incomplete.

Costs

Updated: 23 January 2022; Ref: scu.569420

Giambrone and others v JMC Holidays Ltd (Formerly Sunworld Holidays Ltd): QBD 20 Dec 2002

The Honourable Mr Justice Morland
[2002] EWHC 2932 (QB), [2003] 2 Costs LR 189
Bailii
England and Wales
Citing:
Cited – Steven Robert Evans v Pontypridd Roofing Limited CA 9-Nov-2001
The claimant sought as part of his damages the cost of the care provided by family members. Counsel for the defendant raised issues about tax, national insurance and travel and other costs which a professional carer would have to bear, which led the . .
Cited – Hunt v Severs HL 7-Sep-1994
The tortfeasor, a member of the claimant’s family provided her with voluntary nursing care after the injury. The equivalent cost of that care, was recoverable, but would be held on trust for the carer. The underlying rationale of English Law is to . .

Cited by:
Appeal from – 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 . .
Elaborated – Ortwein v Rugby Mansions Ltd 2004
. .
Cited – Ross v Stonewood Securities Ltd ChD 7-Oct-2004
The claimant appealed an order reducing his award of costs. . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Costs

Updated: 20 January 2022; Ref: scu.178814

Various Claimants v MGN Ltd: ChD 25 Jul 2016

Costs management hearing in this managed litigation. Earlier costs budgets have been agreed, but those budgets do not cover the entire litigation up to trial and further budgets have been exchanged to take the managed cases up to, but not through, the trial stage. The claimants have agreed the defendants’ budgets. The defendants have not agreed the claimants’ budgets and practically every item in those budgets is disputed. Some of the disputes are particular to the items in question. Others are more over-arching disputes on points which are akin to questions of principle. This judgment deals with one of them, namely the extent to which budgeting should encompass additional liabilities (uplift and ATE insurance premiums) where, as here, a party (the claimants) has entered a conditional fee agreement (‘CFA’) with its lawyers. The cases with which this judgment is concerned are cases based on privacy and publication, and so are cases in which recovery of additional liabilities from the paying party is still possible.

Mann J
[2016] EWHC 1894 (Ch)
Bailii
England and Wales

Media, Costs

Updated: 20 January 2022; Ref: scu.567515

Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy: CA 7 Jul 2016

Application for condition to be attached to leave to appeal Naftogaz should provide security for (a) the full amount of the unpaid judgment debt plus interest down to the date fixed for the hearing of the appeal; (b) historic unpaid costs; and (c) estimated costs of the appeal, amounting in total to $28,500,000. Alternatively MIC seeks an order that Naftogaz provide security for MIC’s costs of the appeal estimated at andpound; 210,000. It is not in dispute that the conditions under which an order for security for costs may be made are met.

Christopher Clarke LJ
[2016] EWCA Civ 710
Bailii
England and Wales

Litigation Practice, Costs

Updated: 19 January 2022; Ref: scu.566841

Radford and Another v Frade and Others: QBD 8 Jul 2016

The court was asked as to the terms on which solicitors and Counsel were retained to act for the defendants. The appeals did not raise any issues concerning costs practice, and were by way of review of the Costs Judge’s rulings, and not by way of re-hearing; the question was whether the rulings had been shown to be wrong in their construction of Conditional Fee Agreements.
Held: The court should properly take into account the full range of materials setting out the arrangements between the solicitor and the client.
Held: The appeal failed. ‘The risk assessment does serve the purpose of explaining the solicitors’ reasons for setting the success fee at the chosen level. But it is also a contemporaneous statement by the solicitors to their clients, identifying their understanding of the clients’ aim, the issues with which they would be dealing, the nature of the risks they were taking on in doing so, and what would amount to success. It is therefore objective evidence as to the scope of the work for which the parties intended to contract. It supports the narrow interpretation of the words ‘your claims . . ‘ which the Costs Judge adopted.’
Warby J said: ‘the effect of a costs order is to create a liability to pay, subject to assessment, those costs which a party has paid or is liable to pay at the time the order is made. The liability to pay costs crystallises at that point and, although its quantum will remain to be worked out, that process must be governed by the liabilities of the receiving party as they stand at that time. To allow enforcement of a retrospective agreement which increases those liabilities would be to alter retrospectively the effect of the court’s order.’

Warby J
[2016] EWHC 1600 (QB)
Bailii
England and Wales
Citing:
Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
See Also – Radford and Another v Frade and Others QBD 28-Jul-2014
. .
Cited – Jones v Wrexham Borough Council CA 19-Dec-2007
The claimant appealed against a decision that the conditional fee agreement with her solicitors had been unenforceable because the solicitors had not disclosed to her a conflicting interest in recommending insurers. The issue was whether the CFA was . .
Cited – Adams v London Improved Motor Coach Builders Ltd CA 1921
The plaintiff successfully sued his employers for wrongful dismissal. The defendant argued it should not pay costs since it was the plaintiff’s union who had retained the solicitors in the case, and it was the union to which the solicitors looked . .
Cited – Way v Latilla HL 1937
Mr Way (W), the plaintiff, was employed by Ariston, which had mining operations in Africa, as a consulting engineer and manager. He met the respondent (L) in England. He was asked to seek options to acquire concessions the respondent might acquire. . .
Cited – Kenneth L Kellar Carib West Limited v Stanley A Williams PC 24-Jun-2004
(Turks and Caicos Islands) The appellant had failed in his action but argued that he should not be called upon to pay the costs of the respondent because there had been an unlawful conditional fee agreement. The bill had referred to one factor as . .
Cited – Whitworth Street Estates (Manchester) Ltd v James Miller and Partners Ltd HL 1970
The parties disagreed as to the curial law of an arbitration agreement. The proper law of the building contract and the arbitration agreement was English but the reference was conducted in Scotland.
Held: Evidence of behaviour after a contract . .
Cited – Lewis v Averay (No 2) CA 1973
The defendant had been unable to obtain legal aid, and resorted to the Automobile Association which indemnified him for his costs of his successful appeal. The respondent was legally aided on the appeal and the appellant sought an order for his . .
Cited – Swainland Builders Ltd v Freehold Properties Ltd CA 2002
Swainland Builders Ltd owned the freehold of a block of flats. It had granted 99-year leases at ground rents of all the flats except numbers 11 and 18. It had intended to sell the block subject to the retention of flats 11 and 18 which it initially . .
Cited – Thornley v Lang CA 29-Oct-2003
The claimant had pursued the case under a collective conditional fee agreement, organised by her trade union. The defendant challenged an order for payment of the costs, arguing that under the indemnity principle, the claimant would be under no duty . .
Cited – Kitchen v Burwell Reed and Kinghorn Ltd QBD 3-Aug-2005
The court considered the effect of collective conditional fee agreements. The defendant appealed against the decision of the Costs Judge whereby he held that the Claimant was entitled to claim a success fee and that there had been no breach of the . .
Cited – Oyston v The Royal Bank of Scotland Plc SCCO 16-May-2006
The client and his solicitor had entered into a CFA in 2002 which provided for a success fee of 100% of reasonable costs, plus andpound;50,000 if the claimant recovered damages in excess of andpound;1m. This was a champertous agreement at common law . .
Cited – Davies v Taylor (No 2) HL 2-Jan-1974
The plaintiff argued that no costs had been incurred by the successful defendant, as he was insured, and the insurance company was bound to pay his costs.
Held: ‘In this case the solicitors, no doubt first instructed by the insurance company, . .
Cited – Oyston v The Royal Bank of Scotland Plc SCCO 16-May-2006
The client and his solicitor had entered into a CFA in 2002 which provided for a success fee of 100% of reasonable costs, plus andpound;50,000 if the claimant recovered damages in excess of andpound;1m. This was a champertous agreement at common law . .
Cited – Birmingham City Council v Forde QBD 13-Jan-2009
Christopher Clarke J upheld the validity of a retrospective CFA entered into between solicitor and client on the eve of a settlement, in the knowledge that the existing arrangement might be vulnerable to challenge. The paying party alleged undue . .
Cited – Chartbrook Ltd v Persimmon Homes Ltd and Others HL 1-Jul-2009
Mutual Knowledge admissible to construe contract
The parties had entered into a development contract in respect of a site in Wandsworth, under which balancing compensation was to be paid. They disagreed as to its calculation. Persimmon sought rectification to reflect the negotiations.
Held: . .

Lists of cited by and citing cases may be incomplete.

Costs, Legal Professions.

Updated: 19 January 2022; Ref: scu.566789

Engeham v London and Quadrant Housing Trust and Another: CA 1 Dec 2015

This appeal raised a question of the proper construction of a conditional fee agreement, and, in particular, whether the outcome of the action represented a ‘win’ for the claimant.

Lord Dyson MR, Floyd, Simon LJJ
[2015] EWCA Civ 1530
Bailii
England and Wales

Legal Professions, Costs

Updated: 17 January 2022; Ref: scu.565661

Bestfort Developments Llp and Others v Ras Al Khaimah Investment Authority and Others: CA 8 Nov 2016

Whether threshold conditions met for grant of order for security for costs.
Held: The approach adopted should be simple and not ‘over-burdened by technical and semantic arguments relating to the construction of the ‘threshold’ test’

Black, Gloster, Briggs LJJ
[2016] EWCA Civ 1099, [2018] 1 WLR 1099
Bailii
England and Wales
Cited by:
Cited – MG v AR FD 16-Nov-2021
Family Case: Costs Security depends on Case Merits
Application for security for costs in family cases.
Held: In contrast to civil cases generally, in a family case the merits of the application and the strength of the defence necessarily have to be carefully considered. It is only by . .
Cited – Tulip Trading Ltd v Bitcoin Association for BSV and Others ChD 5-Jan-2022
Security required for Bitcoin claim
Two applications for security for costs. The claimant claimed against fifteen overseas residents requiring a re-write of cryotocurrency systems so that he could recover sums he said were due to him in respect of Bitcoin assets which he said have . .

Lists of cited by and citing cases may be incomplete.

Costs

Updated: 17 January 2022; Ref: scu.571219

Ineos Upstream Ltd and Others v Persons Unknown: ChD 21 Dec 2017

Morgan J
[2017] EWHC 3427 (Ch)
Bailii
England and Wales
Cited by:
Cited – Cameron v Liverpool Victoria Insurance Co Ltd SC 20-Feb-2019
The Court was asked in what circumstances is it permissible to sue an unnamed defendant? The respondent was injured when her car collided with another. The care was insured but by a driver giving a false name. The car owner refused to identify him. . .

Lists of cited by and citing cases may be incomplete.

Costs

Updated: 10 January 2022; Ref: scu.602616

RTS Flexible Systems Ltd v Molkerei Alois Muller Gmbh and Company Kg (UK Production) No 2 – Order and Costs: SC 21 Jul 2010

The main judgment had not attempted to settle all issues between the parties, and much remained to be done. Any order would not be a final one. As to costs, each party had succeeded in one respect or another, but ‘at the end of this whole process RTS has had a significantly greater success than Muller.’ Though each side had made Part 36 offers, none had direct relevance to the appeal. RTS had already made some payments on account and it was correct that Muller should also now make an appropriate payment. Orders accordingly.
Lord Clarke said: ‘The general principles are not in doubt. Whether there is a binding contract between the parties and, if so, upon what terms depends upon what they have agreed. It depends not upon their subjective state of mind, but upon a consideration of what was communicated between them by words or conduct, and whether that leads objectively to a conclusion that they intended to create legal relations and had agreed upon all the terms which they regarded or the law requires as essential for the formation of legally binding relations. Even if certain terms of economic or other significance have not been finalised, an objective appraisal of their words and conduct may lead to the conclusion that they did not intend agreement of such terms to be a precondition to a concluded and legally binding agreement.’

Lord Phillips, President, Lord Mance, Lord Collins, Lord Kerr, Lord Clarke
[2010] UKSC 38
Bailii
England and Wales
Citing:
Principal Judgment – RTS Flexible Systems Ltd v Molkerei Alois Muller Gmbh and Company Kg (UK Production) SC 10-Mar-2010
The parties had reached agreement in outline and sought to have the contract formalised, but went ahead anyway. They now disputed whether an agreement had been created and as to its terms if so.
Held: It was unrealistic to suggest that no . .

Cited by:
Cited – Wells v Devani SC 13-Feb-2019
Mr W was selling apartments in a block of flats. Mr D, an estate agent, sought commission. W argued that D had not had signed his terms, and that therefore no contract existed. The court considered whether a contract had come into being when a major . .

Lists of cited by and citing cases may be incomplete.

Costs

Updated: 10 January 2022; Ref: scu.421098

Michael Wilson and Partners Ltd v Sinclair and Others: CA 23 Jul 2015

Richards, Christopher Clarke LJJ
[2015] EWCA Civ 774, [2015] 4 Costs LR 707, [2015] CP Rep 45
Bailii
England and Wales
Citing:
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 . .
See Also – 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 – Michael Wilson and Partners Ltd v Sinclair and Others CA 16-Jan-2013
Application to stay order for costs. . .

Cited by:
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.

Civil Procedure Rules, Costs

Updated: 02 January 2022; Ref: scu.550494

Gotch and Another v Enelco Ltd: TCC 3 Jul 2015

Claim brought under Part 8 of the CPR for a declaration that the building contract that the Claimants entered into with the Defendant does not entitle the Defendant to refer a dispute to adjudication.

Edwards-Stuart J
[2015] EWHC 1802 (TCC), [2015] TCLR 8, [2015] 4 Costs LR 669
Bailii
England and Wales

Construction, Arbitration, Costs

Updated: 02 January 2022; Ref: scu.550211