Non-Party Costs Order Application Denied Due to Significant and Unexplained Delay
High Court Denies Non-Party Costs Order Extension Against ATE Insurer Brit UW Limited Due to Significant and Unexplained Delay Following Seroxat Litigation Conclusion.
Entries by Elliot Walker
Court Orders Partial Costs After Defendant’s Successful Application Challenging Graduate School’s Claim
Master Dagnall orders CCP Graduate School Ltd to pay £75,000 interim costs to the Secretary of State for Education, partially excluding costs related to defendant’s spreadsheet modifications, while reinforcing the principle that overall case success typically warrants full cost recovery despite minor sub-issue variations.
Danish Judgment Registration Order Upheld but Rendered Worthless on Appeal
Mr Justice Kerr upholds registration costs against Danish judgment debtors while denying appeal costs due to their procedural misconduct, including filing a non-existent legal authority, highlighting the court’s intolerance for disrupting judicial process.
Court of Appeal Clarifies Recovery of Success Fees and QOCS in Hybrid Personal Injury and Media Claims
Court of Appeal confirms claimants can recover success fees and use Qualified One-Way Costs Shifting (QOCS) simultaneously in mixed personal injury and media claims, rejecting arguments of procedural abuse in complex data protection case involving pre-action correspondence.
Ainsworth Applied | Preliminary Points Struck Out for Lack of Particularity
Judge Leonard strikes down broad challenges in £468K costs battle, emphasisxing precision required in Points of Dispute following Ainsworth principles. Judgment clarifies rules for contesting legal fees, rejecting “cut-and-paste” objections in case stemming from failed fraud allegations.
Court Assesses Solicitor Success Fee at 15% for Protected Party Claim
Costs Judge Leonard reduces Seth Law’s success fee from £73,750 to £16,502.64 in a protected party case, highlighting the critical requirement for informed consent and proper risk assessment in contingency fee agreements, with the firm now facing potential unrecoverable overpayment due to its compulsory liquidation.
Court Rejects DBA Argument and Clarifies CFA Information Requirements
Costs Judge Rowley finds law firm’s Conditional Fee Agreement met legal standards, rejecting client’s arguments about improper funding and costs disclosure, while emphasizing solicitors’ discretion in offering fee arrangements.
Medical Reporting Agencies | Burden Upon The Claimant To Justify Expert Fees With Or Without A Breakdown
Costs Judge Rowley establishes a procedural framework for assessing expert fees from Medical Reporting Organizations (MROs), requiring either transparent fee breakdowns or assessment based on expert evidence alone, potentially transforming how medical agency costs are evaluated in legal proceedings.
TOPALSSON GmbH v CMS CAMERON MCKENNA NABARRO OLSWANG LLP [2025] EWHC 118 (SCCO)
Senior Costs Judge Gordon-Saker rules law firm’s retainer allowing monthly billing did not create interim statute bills, as bills must explicitly state they are “final” for that period to seal off assessment rights.
Provision For Detailed Assessment In Consent Order Trumps Fixed Costs Regime For Ex-Protocol Claims
In Doyle v M&D Foundations & Building Services Ltd, the Court of Appeal considered the interpretation of a consent order in an ex-Protocol personal injury claim. The key issue was whether the phrase “subject to detailed assessment if not agreed” meant standard basis costs or fixed recoverable costs under CPR Part 45. The claimant had suffered a workplace injury, and the parties settled the claim by consent order, with the defendant agreeing to pay costs. The Court of Appeal unanimously held that “detailed assessment” has a clear technical meaning under the Civil Procedure Rules, referring to assessment on the standard basis under Part 47, and not to the assessment of fixed costs under Part 45.