Archive for 2020

Capped cost pilot unsuccessful

Posted on: August 5th, 2020 by Catrin Matterson
A voluntary capped costs pilot was due to run for 2 years runs from 14 January 2019 in the Intellectual Property and Enterprise Court for cases valued up to £250,000 in London Manchester and Leeds. This was part of Sir...

Common sense prevails in respect of the cap in costs budgeting and VAT

Posted on: July 29th, 2020 by Catrin Matterson
Marbrow v Sharpes Garden Services Ltd  EWHC B26 (Costs) Senior Costs Judge Gordon- Saker sitting in the SCCO has confirmed that the fees in Para 7.2 of CPR PD 3E are exclusive of VAT. The Practice Direction...

DBAs are back! Lexlaw Ltd v Zuberi [2020]

Posted on: July 22nd, 2020 by Catrin Matterson
In this recent decision HHJ Parfitt ruled that it was not inconsistent with reg. 4(1) of the Damages-Based Agreements Regulations 2013 that a Damages Based Agreement (DBA) could contain a provision requiring the client to...

Costs budgeting and underspending

Posted on: June 12th, 2020 by Elena Kostova
What constitutes a “good reason” to depart from a budget has been a subject of regular consideration by the Courts since Harrison set out the benchmark. In early 2019 in the case of Salmon v Barts HHJ Dight ruled that...

Proportionality clarified but does it achieve consistency in assessment of costs?

Posted on: June 8th, 2020 by Elena Kostova
Prior to the 2013 reforms proportionality only had a retrospective role at the conclusion of a case, at the time of assessment of the costs. Under the old test of Lownds v Home Office if the global costs claimed by a...