T M Costings chooses Eclipse’s innovative Proclaim Costs Drafting Software solution - TMC Legal Limited

By Toby Moreton, Costs Lawyer (regulated by the CLSB) · Published 27 October 2015 · Updated 24 May 2026

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

06/10/2026 No Comments

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

02/10/2026 No Comments

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

02/10/2026 No Comments

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)

02/10/2026 No Comments

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

30/09/2026 No Comments

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

27/09/2026 No Comments

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

18/08/2026 No Comments

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

18/08/2026 No Comments

Solicitor retainer struck out for abandonment under indemnity principle, CPR 44.11 misconduct, SCCO detailed assessment costs

Retainer Termination Without Good Reason | Unenforceability And The Indemnity Principle

12/08/2026 No Comments

High Court costs budgeting overspend payment on account CPR 44.3(3) indemnity basis reasonable costs interim payment order

Payment on Account Percentage Where Budgets Are Massively Exceeded | Overspend By Paying Party As Evidence Costs Were Reasonably Incurred

01/08/2026 No Comments

Indemnity costs after discontinuance under CPR 38.6 where claimants failed to prosecute claim before trial in Chancery Division

Indemnity Costs After Discontinuance And Apportionment Of Costs Liability Between Multiple Claimants

24/07/2026 No Comments

Key Points

Key Findings In The Case

TMC have selected a Proclaim Case Management Software solution from Eclipse.

See Proclaim’s press release on Litigation Futures

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Court of Appeal costs decision under CPR 44.2 where successful party deprived of costs due to reprehensible conduct

A Costs Sanction Can Be Both Remedial And Punitive Where Proportionate | Carl v Limbani In The Court of Appeal

08/07/2026

Court of Appeal ruling in Ward v Rai on points of dispute compliance with PD 47 paragraph 8.2 and Ainsworth in detailed assessment proceedings

Non-Compliant Points Of Dispute Risk Strike Out Or Costs Sanctions | Court Of Appeal Warning In Ward v Rai

02/07/2026

Indemnity costs under CPR 44.5(a) for conduct intended to deceive court with sham declarations, Chancery Division ruling

Indemnity Costs Awarded Against Professional Parties Who Engaged In Conduct Intended To Deceive the Court | Complicity in Sham Documents

02/07/2026

SCCO ruling on solicitor's duty to investigate before the event insurance under Solicitors Act 1974 section 70 assessment

Duty To Investigate BTE Insurance | Adequacy Of Enquiries And Recoverability Of Success Fees As Between Solicitor And Client

21/06/2026

High Court KB decision on apportioning interim costs payment under CPR 44.2(8) where overlapping issues prevent separation

Interim Payment on Account of Costs | A Court May Accept A Total Costs Statement With A Percentage Apportionment Where Overlapping Issues Make Clean Separation Impossible

17/06/2026

High Court costs order under CPR 44.2 where interwoven issues and mixed outcomes preclude issue-based costs allocation

CPR 44.2(6)(f) | Costs In The Case Where Interwoven Issues And No Clear Winner Precludes Issue-Based Or Percentage Orders

15/06/2026