Archive for 2020

Counsel’s fees for valuing the claim in ex Portal Cases permitted and unfixed: Finsbury Food Group Plc v Dover [2020] EWHC 2176 (QB)

Posted on: August 18th, 2020 by Catrin Watkins
This appeal from the Senior Courts Costs Office related specifically to whether CPR 45.29I (2)(c) fixed counsel's fee for an advice on valuation of the claim at £150 plus VAT further to CPR 45.23B/Table 6A) or whether the...

‘Drop hands’ offer held to be inconsistent with Part 36

Posted on: August 11th, 2020 by Elena Kostova
In the addendum to the judgment in Akinola v Oyadare and Anor  EWHC 2038 (Ch) Deputy Master Henderson dealt with issues as to disposal and costs. The main hearing dealt with preliminary issues in respect of a claim for...

Capped cost pilot unsuccessful

Posted on: August 5th, 2020 by Catrin Watkins
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 Watkins
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 Watkins
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...