Archive for 2020

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...

SRA take strong stance on consequences for miscertification of Bills – SDT outcome further to Gempride Ltd v Bamrah & Anor

Posted on: May 1st, 2020 by Catrin Watkins
In summary in the case of Gempride Ltd v Bamrah & Anor at assessment (upheld on Appeal) the Bill of Costs served by Ms Bamrah had been held to be miscertified as the rates she sought were in excess of those agreed in...

Serious breach but no sanction (late costs budgets)

Posted on: April 22nd, 2020 by Elena Kostova
On 17 January 2020 a CCMC took place in the matter of Manchester Shipping Ltd v Balfour Shipping Ltd & Anor EWHC 164 (Comm) (Late Costs Budgets). Deputy Judge Lionel Persey QC dealt with the CCMC and considered the...

Indemnity costs following ADR failures

Posted on: April 20th, 2020 by Elena Kostova
Persuading the Court to award indemnity costs has often been seen as a Herculean task. However, it seems that there may be a shift in that regard as two recent cases have resulted in costs penalties for parties failing...