Costs News

A place for members and the public alike to discover what's going on in the industry.

19 July 2018

Aggregate of two budgets not a factor in deciding proportionality of risk faced by party

The aggregate sum of two costs budgets that a party might have to pay is not a factor in deciding whether they are disproportionate, the High Court has ruled. Mr Justice Birss also said that “legal novelty is not a good explanation fo... view

19 July 2018

News in brief - 19-07-2018

No way, May The Court of Appeal has refused permission to appeal in the key proportionality case of May v Wavell Group, according to a tweet yesterday by Hailsham Chambers. “The wait for clarity on the correct approach goes on,”... view

19 July 2018

QOCS does not stop one defendant recovering costs from damages paid by another

A successful defendant in a multi-defendant personal injury claim can enforce a costs order in its favour against the damages awarded against a different, unsuccessful defendant, the Court of Appeal has decided in a significant ruling on the ope... view

12 July 2018

Costs judge awarded right hourly rates even though he got the test wrong, says High Court

A costs judge made the right decision in reducing the hourly rates of a claimant’s solicitor but got there the wrong way, the High Court has ruled. Mr Justice Goss found that, although the claimant technically succeeded in their appea... view

12 July 2018

Proportionality 1: Notional value of claim not key when money is not the point

It is inappropriate to assess the proportionality of costs only by reference to a notional financial value when money is not the point of the claim, a costs judge has emphasised. Master Leonard also said that it was hard for one party to ar... view