Entries by Toby Moreton

Late Service Of Bill Does Not Obviate Need To Serve Points Of Dispute

A former partner sought to challenge a default costs certificate obtained against him by his ex-firm GWB Harthills LLP relating to a costs order of the Employment Tribunal. The paying party argued the Notice of Commencement was late so he had no duty to serve points of dispute. The Costs Judge ruled however that late service does not remove this obligation. As the applicant failed to show good prospects of materially reducing the costs, and had no good reason for not serving points when warned this would lead to a default certificate, the court dismissed the application.

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Costs Budget Comparison Not Intrinsically Irrelevant

In Woolley v Ministry of Justice, the claimant brought a personal injury claim against the Ministry of Justice following an assault he suffered while a remand prisoner. At a CCMC HHJ Baucher significantly reduced the claimant’s  costs budget. The claimant argued that the judge had erred in law by refusing to consider the defendant’s agreed costs budget when assessing proportionality of his own. He also submitted the approved budget left him with much lower funding than the defendant, failing to keep the parties on an equal footing. The Ministry of Justice contended that comparisons between budgets were of limited relevance. It was for the judge to assess proportionality of the claimant’s budget, which she had done. The High Court allowed the claimant’s appeal, finding that the judge had disregarded a relevant consideration in refusing to hear submissions based on the defendant’s budget. Her language when addressing claimant’s counsel was also criticised and termed “indefensible”.

CPR 38 | Discontinuance | Default Rule Disapplied

Trustees who unreasonably fail to provide pre-action trust documentation requested by a beneficiary can face adverse costs orders if proceedings are issued, even if later discontinued. The judgement confirms that historic incapacity which impacted ability to engage with requests will not prevent such orders without evidence it existed at that time. Here, the defendants were ordered to pay the majority of the claimant beneficiary’s costs despite arguing their incapacity meant they could not respond pre-action.

Costs Of Obtaining Letters Of Administration

In some cases, obtaining a Grant of Representation may be essential solely for pursuing the claim. Consequently, in successful outcomes, the costs incurred for obtaining this Grant could potentially be claimed as part of the overall costs related to the case. This perspective emphasises the practical intertwining of procedural necessities with the substantive rights of claimants in personal injury litigation.

Issuing Proceedings Without Letters Of Administration

In English law, a person must have standing to initiate legal proceedings, specifically as an administrator. This standing is obtained through the issuance of letters of administration. If proceedings are commenced without this grant, they are considered a nullity. This principle applies to cases involving the administration of foreign estates, where proceedings without proper representation are deemed invalid.

Impact Of Counsel Involvment On Hourly Rates

When solicitors possess and demonstrate the necessary skill, effort, and specialized knowledge in a case, their hourly rates should not be reduced merely because counsel is also involved. The court should evaluate if there was an excessive involvement of counsel, which could influence the division of charges between solicitors and counsel, but this does not automatically justify a reduction in the solicitors’ hourly rates.

Discretionary Costs in Criminal Judicial Review Claims

In judicial review proceedings, even within a criminal context, the court may exercise its discretion under Section 51 of the Senior Courts Act 1981 to grant costs where there are exceptional circumstances. These exceptional circumstances can include the case being a test case, involving significant legal resources, raising far-reaching issues, and the shifting nature of the prosecution’s position.