Latest News

High Court Ignores Calderbank Offers In Deciding Costs Where Both Sides Agree

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

No Limit on Costs Recovery Where Client Terminates CFA

Read the full judgment in Sellers v Simpkins

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:

How a minor variation can fail to meet Part 36 Criteria

View ruling on Part 36 Criteria

Judge Allows a Third Party’s Costs in Full

Read the full judgement of Next Generation Holdings Ltd & Anor v Finch Ors

Variation of Budget Allowed to Include Surveillance Evidence Obtained pre-CMO

Read the full judgement of Purser v Hibbs & Anr

Court of Appeal find that ‘Proportionality’ is not a blunt instrument to slash costs

Download judgment

Court Rejects Council’s Appeal Over Hourly Rates

Read the full judgement of Harlow District Council v Powerrapid Ltd

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

New Electronic Bill of Costs

The new electronic bill of costs (Precedent S), proposed by LJ Jackson in his Final Report back in 2009 comes into effect from 6 April 2018.

Court Finds Dentons Test Applies to Applications to Set Aside Default Judgments

Read the full judgment of FXF -v- English Karate Federation Limited & Anor

More on Proportionality from Senior Costs Judge, Master Gordon-Saker

Powell and Ors v The Chief Constable Of West Midlands Police

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

Costs lawyer’s entitlement to expect professional courtesy

Read the full judgement

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.

Court of appeal rules on status of solicitor’s bill

Read the full details of the judgement of Slade (t/a Richard Slade and Company) v Boodia & Anor

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.

Court refuses to increase budget for costs “party brought on himself”

Court states that the defendant should have "reasonably anticipated" the cost and extent of the work and is rejected a budget increase.

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.

Part 36 consequences “are severable”, High Court rules

Court finds that the rule 36.17(4)(a)-(d) consequences are severable.

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.

Court of Appeal Uphold Costs Judge’s Refusal to Assess Generic Points of Dispute

Read the full judgement

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.

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)

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.

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 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).

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

Gordon Saker on continuation of successful interim measures post COVID

Read the full Practice Note here.

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]

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 – More on ‘Unhelpful’ Guideline Hourly Rates

Read the full judgement of Crumpler & Anor -v- Candey Limited [2019]

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.