LEGAL COSTS UPDATES

Welcome to our costs law updates UK resource. This legal costs blog provides regular analysis of the latest case law, CPR developments, and practical guidance for solicitors handling civil litigation costs issues across England and Wales. Search our comprehensive costs law updates UK covering County Court, SCCO, High Court, Court of Appeal, and Supreme Court decisions on all costs related matters including budgeting, detailed assessment, Part 36, QOCS, and fixed recoverable costs.

Legal Costs Updates

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01
Ian Henderson & Anor v Ministry of Defence
Without Prejudice Schedule Of Incurred Costs Kept Privilege | Lower Bill Did Not Show Unambiguous Impropriety
IAN HENDERSON & ANOR V MINISTRY OF DEFENCE [2026] EWHC 2645 (SCCO)
20/10/2026
In Ian Henderson & Anor v Ministry of Defence [2026] EWHC 2645 (SCCO), the SCCO refused to lift privilege over informal costs breakdowns whose figures exceeded the later certified bills.…
02
Peter David Hall v Secretary of State for the Environment Food and Rural Affairs
Aarhus Costs Cap Stays Where No Compliant Variation Application Is Made | A Ticked Box Without Reasons Does Not Meet CPR 46.27(5)
PETER DAVID HALL V SECRETARY OF STATE FOR THE ENVIRONMENT FOOD AND RURAL AFFAIRS [2026] EWHC 2623 (Admin)
16/10/2026
In Peter David Hall v Secretary of State for the Environment Food and Rural Affairs [2026] EWHC 2623 (Admin), the Administrative Court held that neither the defendant nor the interested…
03
JBX v Frimley Health NHS Foundation Trust (Costs) [2026] EWHC 2525 (KB)
Defendant Made No Part 36 Offer | Late Counsel Offers Came After Most Costs Had Been Incurred | Claimant Recovers 85% Despite Losing Main Issue
JBX V FRIMLEY HEALTH NHS FOUNDATION TRUST (COSTS) [2026] EWHC 2525 (KB)
06/10/2026
In JBX v Frimley Health NHS Foundation Trust (Costs) [2026] EWHC 2525 (KB), the High Court ordered an NHS trust to pay 85 per cent of a claimant’s costs although…
04
Essendi UK Hotels 2 Limited v London Property Company Limited (Preliminary issue Part 36 CPR)
Trial Judge May Be Told The Date Of A Part 36 Offer | Date Falls Within The Fact Of The Offer, Not Its Terms
ESSENDI UK HOTELS 2 LIMITED V LONDON PROPERTY COMPANY LIMITED (PRELIMINARY ISSUE PART 36 CPR) [2026] EWHC 2501 (TCC)
02/10/2026
In Essendi UK Hotels 2 Limited v London Property Company Limited (Preliminary issue Part 36 CPR) [2026] EWHC 2501 (TCC), the High Court held that a judge who has tried…
05
Joanna Lemos & Ors v Church Bay Trust Company & Ors
CPR 47.20(1)(b) Addresses Entitlement To Assessment Costs | It Does Not Redirect Who Pays An Agreed Liability
JOANNA LEMOS & ORS V CHURCH BAY TRUST COMPANY & ORS [2026] EWHC 2402 (SCCO)
02/10/2026
In Joanna Lemos & Ors v Church Bay Trust Company & Ors [2026] EWHC 2402 (SCCO), a Costs Judge refused to make an ATE insurer, joined as an interested party,…
06
Section 29(2) Trustee Act 2000 written agreement requirement for executor charging, SCCO costs assessment decision
Acknowledging Costs Information Is Not Written Agreement | SCCO Finds No Right To Charge Under Section 29(2)
ROYAL HOLLOWAY AND BEDFORD NEW COLLEGE V QLAW LEGAL SERVICES LIMITED [2026] EWHC 2090 (SCCO)
02/10/2026
In Royal Holloway and Bedford New College v QLaw Legal Services Limited [2026] EWHC 2090 (SCCO), the SCCO held that a lay co-executor had not agreed in writing to professional…
07
Gary Jones v Persons Unknown [2026] EWCA Civ 1212
Court Of Appeal Doubts Whether Costs Can Be Paid In Bitcoin | Unargued Crypto Costs Orders Risk Over-Compensating The Payee
GARY JONES V PERSONS UNKNOWN [2026] EWCA Civ 1212
30/09/2026
In Gary Jones v Persons Unknown [2026] EWCA Civ 1212, the Court of Appeal expressed real doubt about an order requiring summarily assessed costs to be discharged in Bitcoin, and…
08
Two copper taps fed from a single brass pipe junction, illustrating entitlement to costs versus the source of funds under CPR 47.20
CPR 47.20(1) Decides Who Is Entitled to the Costs of Assessment, Not Where the Money Comes From | Detailed Assessment Is Not New Proceedings
LEMOS & ORS V CHURCH BAY TRUST COMPANY & ORS [2026] EWHC 2402 (SCCO)
27/09/2026
The Senior Courts Costs Office held that CPR 47.20(1) addresses which party is entitled to the costs of the detailed assessment proceedings, and does not dictate the source or sources…
09
Wasted costs application procedural requirements under CPR 46.8 and FPR 28.2 in Family Court financial remedies proceedings
Wasted Costs Applications | The Practical Necessity Of A Costs Schedule
POOL V POOL [2026] EWFC 226 (B)
18/08/2026
A wasted costs application was withdrawn when no costs schedule had been filed. The court then used a directed statement and oral inquiry to record on the record that a…
10
Chancery Division refuses retrospective costs budget increase under CPR 3.15A despite mutual consent of parties
Agreed Budget Variation Refused | Mutual Consent Intensifies, Not Reduces, Retrospective Scrutiny
M L TECHNOLOGY LIMITED & NAUREX LIMITED V B.E.A.T. SAM LIMITED & OTHERS [2026] EWHC 2142 (Ch)
18/08/2026
A deputy High Court judge has refused to approve a retrospective costs budget increase of over £259,000, despite the parties’ mutual agreement. The court held that party consent to a…
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