Latest News
Courts urge specificity and brevity—Points of Dispute are being struck out
Read the full judgments in St Francis Group 1 Ltd v Kelly [2025] EWHC 125 (SCCO) and Christodoulides v CP Christou LLP [2025] EWHC 214 (SCCO).
Supreme Court: Decision in Menzies overturned—deduction of fees from damages was not ‘payment’
Read the full judgment in Oakwood Solicitors Ltd v Menzies [2024] UKSC 34.
SCCO compels parties to explore ADR in detailed assessment proceedings
Read the full judgment in Elphicke -v- Times Media Limited [2024] EWHC 2595 (KB).
No Wasted Costs Order against solicitors acting for fundamentally dishonest Claimant
Read the full judgment in Williams-Henry v Associated British Ports & Anor [2024] EWHC 2415 (KB).
Parties Are Facing Costs Sanctions for Unrealistically High Budgets
Read the full judgments in Jenkins v Thurrock Council [2024] EWHC 2248 (KB) (09 September 2024) and Worcester v Hopley [2024] EWHC 2181 (KB) (21 August 2024).
New “Leading Decision” on Interim Statute Bills (Court of Appeal)
Read the full judgment in Signature Litigation LLP v Ivanishvili [2024] EWCA Civ 901.
Guidance on Costs Budgets, from the Largest Ever Costs Management Exercise
Read the full judgment in Pan NOx Emissions Litigations [2024] EWHC 1728 (KB).
Calderbank Offers Ignored Where Both Sides “Win” and “Lose”
Read the full judgment in Aymes International Ltd v Nutrition4u BV & Ors
Defendant Ordered To Pay Costs Where Claimant Discontinued
Read the full judgment in Benjamin v Benjamin & Anor
Guildeline Hourly Rates To Be Uprated from 1 January 2024
Sir Geoffrey Vos has accepted the recent recommendations from the Civil Justice Council to increase the current Guideline Hourly Rates from 1 January 2024 in line with producer price index. The rates have been confirmed as follows:
No Limit on Costs Recovery Where Client Terminates CFA
Read the full judgment in Sellers v Simpkins
High Court Rules party can receive multiple orders for interim payments on account of costs
Read the full judgement of Trotman v Master Brickwork London Essex Ltd
Variation of Budget Allowed to Include Surveillance Evidence Obtained pre-CMO
Read the full judgement of Purser v Hibbs & Anr
Judge Allows a Third Party’s Costs in Full
Read the full judgement of Next Generation Holdings Ltd & Anor v Finch Ors
Court Finds Dentons Test Applies to Applications to Set Aside Default Judgments
Read the full judgment of FXF -v- English Karate Federation Limited & Anor
Court Rejects Council’s Appeal Over Hourly Rates
Read the full judgement of Harlow District Council v Powerrapid Ltd
SCCO Refuses to Order Provisional Assessment Level Fees Where Bill Reduced Below £75,000
Read the full judgment of UK Sovereign Investments Ltd v Hussain
Court Approves ‘Clear and Compelling’ Test for Exceeding Guideline Rates
Read the full judgment of Lappet Manufacturing Company Ltd & Anor v Rassam & Ors
Defendant Not Party to Appeal Can Still be Ordered to Pay Costs of Appeal
Read the full judgment of Turner & Ors v Thomas & Anor (Costs)
SCCO Sets Aside Notice of Commencement Served Prematurely
In ABA v University Hospitals Coventry and Warwickshire NHS Trust[2022] EWHC B4 (Costs), it was ruled a Notice of Commencement was served prematurely.
Signature to Bill of Costs Must be Identifiable, rules High Court
Mrs Justice Steyn (sitting with Master Brown) on the appeal held that the signatory to a Bill of Costs must be clearly identifiable.
Master of the Rolls Approves CJC’s Revised Guideline Rates
The Master of the Rolls has approved the Civil Justice Council's working group's revised Guideline Hourly Rates proposed early this year.
Service of N252 by email was valid – High Court overturn SCCO decision to set aside DCC
In Serbian Orthodox Church – Serbian Patriarchy v Kesar & Co[2021] EWHC 1205 (QB), it was held a notice of commencement sent to the wrong email address that was automatically and instantly forwarded to the correct email address constituted valid service.
Solicitor’s £250,000 fixed fee agreement set aside as ‘unreasonable’
In Tripipatkul v WH Lawrence Ltd (t/a WH Lawrence Solicitors)[2021] EWHC B13 (Costs), Costs Judge Brown set aside a fixed fee agreement for £250,000 made between the Claimant and the Defendant solicitors on grounds of unreasonability.
High Court may be lenient where statement of costs is filed late
Where the Claimant failed file their statement of costs 24 hours before a hearing in Tribe v Elborne Mitchell LLP (Costs) [2021] EWHC 1252 (Ch), Master McCloud took the lenient view.
High Court issue helpful guidance on budget revisions
Read the full judgement of Persimmon Homes Limited -v- Osborne Clark LLP
SCCO – Guideline Rates “roughest of rough guides” – other factors must be considered when assessing rates
Read the full judgement of Shulman -v- Kolomoisky (Case No. SC-2019-BTP-000248).
Gordon Saker on continuation of successful interim measures post COVID
Read the full Practice Note here.
Part 36 Offers – High Court provides further guidance on compliance
Read the full judgment of Essex County Council v UBB Waste (Essex) Ltd here.
High Court will not accept supplementary Points of Dispute
Read the full judgement of Edinburgh v Fieldfisher LLP [2020] EWHC 862 (QB) here.
High Court – Why you could be excused from late filing of a budget
Read the full judgement of Manchester Shipping Limited -v- Balfour Shipping Limited & Anor [2020] by downloading the pdf here.
High Court – More on ‘Unhelpful’ Guideline Hourly Rates
Read the full judgement of Crumpler & Anor -v- Candey Limited [2019]
County Court details what constitutes a “good reason to depart” from budgeted costs
Read the full judgement of Barts Health NHS Trust v Hilrie Rose Salmon [2019]
Not applying for fee remission when entitled to such leave court fees unrecoverable – County Court
Read the full judgement of Stoney v Allianz Insurance plc [2019], Case No. E14LV817
2010 guideline rates no longer helpful in assessing reasonableness, claims High Court
Read the full judgement of Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019]
High Court – “Not appropriate” to claim disproportionality upon comparison of bills alone
Read the full judgement of Monex Europe Ltd v Pothecary and Anor [2019] EWHC 2204 (QB)
Court of Appeal Uphold Costs Judge’s Refusal to Assess Generic Points of Dispute
Read the full judgement
Part 36 consequences “are severable”, High Court rules
Court finds that the rule 36.17(4)(a)-(d) consequences are severable.