Costs law updates

Case notes on new costs decisions from the SCCO, High Court and Court of Appeal.

We write up new costs decisions as they're handed down, from the County Court and the SCCO to the Court of Appeal and Supreme Court. Search below, or filter by topic: budgeting, detailed assessment, Part 36, QOCS, fixed recoverable costs and the rest.

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01
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Late Precedent U Carries No Sanction Under CPR 45.63(2) | CPR 3.9 Does Not Apply | Court Must Weigh Prejudice Proportionately
ASHI GROUP LTD V DANIELS & DANIELS
12/11/2026
CPR 45.63(2) contains no implied sanction, so CPR 3.9 does not apply to a late Precedent U. The court must instead respond proportionately, asking first what prejudice the failure caused,…
02
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Discharge From Bankruptcy Releases Bankrupt From Tribunal Costs Order | EAT Dismisses Academic Appeal Brought Without Standing
PIEPENBROCK V LONDON SCHOOL OF ECONOMICS AND POLITICAL SCIENCE [2026] EAT 173
11/11/2026
Discharge from bankruptcy releases a paying party from a pre-bankruptcy costs order, including one whose amount remains undetermined, so a receiving party cannot pursue it against them personally; an appeal…
03
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Commercial Court Limits Security To Issues Unique To Claim | Crabtree Principle Applies Where Counterclaim Overlaps In Part
ROSGONKI ANO V FORMULA ONE WORLD CHAMPIONSHIP LTD [2026] EWHC 2899 (Comm)
11/11/2026
Where a claim and counterclaim overlap substantially but not completely, the Crabtree principle limits security for costs to the issues raised solely by the claim. Defendants should identify and separately…
04
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Court Of Appeal Confirms Pre-Judgment Interest On Costs | Contingent Success Fee Liability Brings CFA Clients Within The Rule
MUNICÍPIO DE MARIANA V BHP GROUP (UK) LTD & ANOR [2026] EWCA Civ 1319
07/11/2026
A contingent liability to pay a success fee under a CFA can bring a receiving party within CPR 44.2(6)(g), enabling an award of pre-judgment interest on costs without proof of…
05
holding hands
Claimant Knowingly Participated In Litigation Friend’s False History To Experts | High Court Finds Claim Fundamentally Dishonest
VENGADESWARA RAW GOPALAKRISHNAN V THE HOME OFFICE [2026] EWHC 2856 (KB)
07/11/2026
A claimant with capacity who is present when a litigation friend gives a false history to experts, does not correct it and feigns matching symptoms can be found to have…
06
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QOCS Applies Before And After A Personal Injury Amendment | Mixed Claims Fall Within QOCS | Full Enforcement Needs Permission
VENGADESWARA RAW GOPALAKRISHNAN V THE HOME OFFICE [2026] EWHC 2856 (KB)
07/11/2026
QOCS applies to proceedings both before and after a personal injury claim is added by amendment, covering mixed claims regardless of other non-personal injury elements. Full enforcement against a discontinuing…
07
wooden boards with honest and liar
Fundamental Dishonesty Allegation Can Survive Discontinuance | High Court Permits Full Enforcement Of Costs Despite QOCS
VENGADESWARA RAW GOPALAKRISHNAN V THE HOME OFFICE [2026] EWHC 2856 (KB)
06/11/2026
A discontinued personal injury claim does not extinguish a fundamental dishonesty allegation: a direction under PD 44 para 12.4(c) allows the issue to be tried, and a finding on the…
08
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Court Declines To Order Further N260 Breakdown | Broad Brush Applies On Summary Assessment | High Travel Figure Still Counts
PRESCOT MANAGEMENT COMPANY LIMITED & ANOR V ZAHID KHAN [2026] EWHC 2855 (BP)
05/11/2026
On summary assessment a broad brush applies, and an N260 need not be broken down by date, purpose or fee note. A figure the court declines to particularise may still…
09
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Obstructive Conduct Of An ECRO Application Justifies Indemnity Costs | Judge Leaves Open Whether An ECRO Alone Would Suffice
PRESCOT MANAGEMENT COMPANY LIMITED & ANOR V ZAHID KHAN [2026] EWHC 2855 (BP)
05/11/2026
Obstructive conduct during an ECRO application, including impeding service, renewing refused adjournments and producing evidence without notice, can justify indemnity costs where it inevitably increases the applicant’s costs. Whether the…
10
scales of justice and a calculator
CILEX Fee Earners With Over Eight Years’ Experience Fall Within Grade A | Above-Guideline Rates Can Still Attract A Reduction
PRESCOT MANAGEMENT COMPANY LIMITED & ANOR V ZAHID KHAN [2026] EWHC 2855 (BP)
05/11/2026
A CILEX qualification is not by itself a bar to Grade A rates: legal executives with over eight years’ experience fall within that bracket. A grading challenge and a rate…
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