Master Rowley determines that special circumstance exist by reason of a discrepancy between costs estimates provided and the costs actually billed.
Master Rowley tackles a number preliminary points in a detailed assessment arising from a complex clinical negligence claim, including an alleged mis-certification of the claimant’s budget giving rise to an application under CPR 44.11, level of success fee and hourly rates and ‘good reason to depart’.
Master Rowley becomes the latest costs judge to tackle the meaning of ‘good reason to depart’ from an approved costs budget on detailed assessment, specifically in relation to hourly rates and valuation of claim.
On a detailed assessment of costs a reduction in hourly rates of the incurred costs is not a ‘good reason’ to depart from the budget in respect of the budgeted (future) costs.
Celebrity litigants Brian May and Anita Dobson win significant recoverable costs uplift as circuit judge questions Master Rowley’s proportionality decision.
Davis LJ endorses Master Whalan’s approach to detailed assessment where costs budgets have been agreed or approved