Costs - Related Cases
Legg v Sterte & Aviva UK Limited  EWCA Civ 97
Court of Appeal decides that judge had been entitled to (i) exercise his discretion under the Senior Courts Act 1981 s.51(3) to make a non-party costs order against an insurer; and (ii) that the insurers were liable under the policy to indemnify the insured against its liability for costs to the claimants, and, as a result of the insured's liquidation, the claimants succeeded to the insured's rights under the Third Parties (Rights against Insurers) Act 1930.
Wilsons Solicitors v Bentine and the Official Solicitor  EWCA Civ 1168
For the Official Solicitor and a protected party in the Court of Appeal in a case concerning solicitor/client assessments under the Solicitors Act 1974. The Court overturned the decision of the High Court and accepted the contention of the Official Solicitor that the relevant provisions of the 1974 Act should be give their natural meaning and that contrary authority was per incuriam.
In the matter of Graham Anthony Weller (a Protected Party).
Decision of Master Haworth handed down on 19 September 2013 concerning the effect of an estimate as to costs given by a Deputy in respect of Court of Protection work.
Brookes v DC Leisure Management (LTL 11/10/13)
appeal arising out of a defective conditional fee agreement
Flatman v Germany; Weddall v Barchester  EWCA Civ 278
Court's jurisdiction to make third party costs orders against solicitors under s.51 of the Senior Courts Act 1981 - provides important guidance on when solicitors for unsuccessful parties are required to give disclosure of the funding arrangements in place and whether solicitors who fund disbursements pursuant to a CFA may be liable to a non-party costs order
DWP v Trillium (decision of HHJ Birtles, Mayor's & City of London County Court, handed down on 17 October 2012, not yet report)
Interpretation of a commercial contract (the Prime Contract) between the DWP and various service providers. What costs are payable under the terms of the indemnity? Are such costs subject to indemnity?
Bentine v Bentine (decision of Costs Judge O'Hare, decision September 2012)
Various decisions in solicitor/client assessment: whether costs allowed for want of retainer were to be discounted in considering the 1/5th rule in Section 70 of the Solicitors Act 1974; whether the Official Solicitor was a trusted agent when acting as litigation friend
SG v Hewitt  EWCA Civ 1053 (Court of Appeal);  5 Costs L.R. 937
head injury to child passenger in rear seat of car hit by bale of straw shed by passing trailer - early substantial pre-action Pt.36 offer while case still being investigated - impossible to accept because of uncertainty of prognosis through adolescence - delayed acceptance - costs consequences - important Court of Appeal guidance
Thomas Brown Estates Ltd v Hunters Partners Ltd  EWHC 21 (QB) and  EWHC 30 (QB)
construction of franchise agreements - declarations - costs
Sienkiewicz v Grief Ltd (decision of HHJ Wood QC handed down in January 2012 not yet reported)
Whether the Claimant was entitled to enhanced interests and costs following the Defendant's late acceptance of the Claimants offer
Germany v Flatman; Barchester v Weddell  EWHC 2945 (QB)
Solicitors' liability for costs of action as funders
Morgan v Sprite Group  PIQR P9 (Court of Appeal).
Whether a Judge was entitled to order the defendants to make a contribution to costs of a fixed amount rather than order detailed assessment.
Katherine Morgan v Spirit Group Ltd  EWCA Civ 68
On a determination of costs, a judge did not have the discretion to order the paying party to pay a fixed contribution towards the costs of the receiving party without a consideration of the individual elements of the bill of costs
Thornley v MOD  EWHC 2584 (QB), HHJ Behrens sitting with assessors
Whether hourly rates for travel and waiting should be discounted - level of success fee - relevance of BTE insurance indemnity to reasonableness of entering into CFA
Joao Rosario v Nadell Patisserie Ltd  EWHC 1886 (QB)
Whether on a proper construction a claimant made a further offer which was accepted by conduct or accepted a previous CPR Part 36 offer
Ghadami v Lyon Cole Insurance  EWCA Civ 767
application of the indemnity principle
Curtis v Taunton Deane Borough Council (HH Judge Bromilow QC, 2010).
Acted for the Defendants who sought and obtained, following detailed argument, an award of costs against the ATE insurer.
Corney v Scotia Gas Networks Ltd & Ors  EWHC 90167 (Costs)
Consideration of recoverable costs following discontinuance against one defendant
Higgins v MOD  EWHC 654 (QB) (Tugendhat J)
Cancer caused by asbestos - application and extension of the principles in Wraith v Sheffield Forgemasters Ltd (1998) 1 WLR 132
The Buncefield litigation (Commercial Court, Court of Appeal & TCC, 2008-2010)
Explosion at tank farm - property damage - joint ventures - contract - indemnities - economic losses - recovery of pure economic loss in tort - negligence - public nuisance - private nuisance - product liability - £1bn claim
Somnez v Kebabery Wholesale Ltd  EWCA Civ 1386 (Ward LJ, Wilson LJ, Sir Paul Kennedy)
Successful party where claimant contributorily negligent
Onay v Brown  EWCA Civ 775, Carnwath, Toulson and Goldring LJJ
costs of the trial of the issue of contributory negligence in a claim regarding a road traffic accident where primary liability was admitted at an early stage and the main issue on contributory negligence was the Claimant's speed
Colour Quest Ltd & Ors (Claimants) v (1) Total Downstream UK Plc (2) Total UK Ltd (3) Hertfordshire Oil Storage Ltd (Defendants) : (1) Total Downstream UK Plc (2) Total UK Ltd (Part 20 Defendants) v Chevron Ltd (1st Part 20 Defendant/Third Party) & Total Milford Haven Refinery Ltd (Fourth Party & Herfordshire Oil Storage Ltd (2nd part 20 Defendant)  EWHC 823 (Comm) (David Steel J)
determination of indemnity costs and interest following decision on preliminary issues in proceedings arising out of the Buncefield oil storage depot explosion - heavily publicised litigation with high level representation
Mastercigars Direct Ltd v Withers LLP  EWHC 651 (Ch)
how to reflect a client's reliance on a costs estimate in the detailed assessment of a bill of costs - the use of margins
Woolley v Haden Building Services Ltd  25 Const LJ 388
compliance with reg 4 of the Conditional Fee Agreements Regulations 2000
James v Eli Lilly & Co Limited  EWHC 198, Dobbs J
first known attempt by a claimant to cap a defendant's costs in a unitary action, a pharmaceutical product liability claim, claimant contending that her ability to bring her claim was being thwarted by the extent of the Defendant's likely costs in defending the action, appropriate tests to be applied.
Eli Lilly & Co Ltd v James  EWHC 198 (QB)
capping order - the appropriate stage in proceedings to make such an order
Lingfield Properties (Darlington) Ltd v Padgett Lavender Associates (A Firm)  EWHC 2795 (QB)
section 51 non party costs orders
Sibley & Co v Reachbyte Ltd  EWHC 2665 (Ch)  2 Costs LR 311
solicitor/client detailed assessment concerning leading and junior counsel's fees in substantial commercial litigation - dispute concerning terms on which solicitors had been retained, and whether authority had been given to instruct leading counsel - scope and application of presumption in Gray v Buss Murton  PNLR 882 that client's account should prevail
Woolley v Haden Building Services Ltd (No.2)  EWHC 90111
Carver v BAA  EWCA Civ 412;  1 WLR 113;  3 All ER 911;  PIQR P15
Defendant awarded costs despite the Part 36 payment being beaten by a margin
Parker v Mowlem Plc  EWCA Civ 1022
claimant's liability for costs of a defendant's insurer's application for a declaration of no liability to indemnify the defendant
Nigel Witham Ltd v Smith & Issacs  EWHC 12 (TCC); 117 Con LR 117;  TCLR 3;  CILL 2557
costs effect of a party declining to engage in mediation at a particular stage of a dispute
Mastercigars v Withers  EWHC 2733 (Ch)
effect of cost estimate in solicitor/own client assessment
Russell Young v Kevin Brown and others  2 All ER 453 (CA)
generic costs in multi party professional negligence claim
Rogers v Merthyr Tydfil County Borough Council  EWCA Civ 1134;  1 WLR 808;  1 All ER 354;  Lloyd's Rep IR 759
Re RSA Pursuit Test Cases  EWHC (Costs)
Burton v Kingsbury  EWHC 1034;  PIQR P2
Claim by two claimants in respect of a serious road traffic accident. Both claimants sustained spinal injuries; one was rendered tetraplegic. The reported aspect of the case deals with the issue of single stage uplifts in CFAs in serious road traffic accidents where there is more than one Defendant and liability remains in issue until the date of trial. The Court also reviewed and reconsidered the conduct required to warrant an order for indemnity costs.
Gray v Going Places Leisure Travel  All ER (D) 32
jurisdiction of the Court to make wasted costs orders
Leigh v Michelin Tyre  2 All ER 175 (CA)
leading authority on the effect of costs estimates on costs recovery
Jass v Blackburn  EWHC 2963 (Ch)
recovery of costs after a discontinuance where the successful party had arguably provided misleading information
Higgs v Camden & Islington Health Authority  72 BMLR 95
leading authority on hourly rates under the CPR
Malkinson v Trim  1 WLR 463 (CA)
legality of funding arrangement/partnership
Afrika & ors v Cape plc, XYZ v Schering Health Care Limited & ors, Sayers v Smith Kline Beecham & ors  EWCA Civ 2017; The Times 14 January 2002
costs-sharing in multi-claimant product liability actions
South Coast Shipping v Havant  3 All ER 779
Art 6 ECHR disclosure and privilege in costs proceedings - agency
Dickinson v Rushmer  1 Costs LR 128
Art 6 ECHR - disclosure and privilege
McFarlane v EE Caledonia (No 2)  1 Lloyd's Rep 366, Longmore J
costs orders in relation to champertously maintained litigation
Afzal v Ford Motor Co  4 AER 720. Court of Appeal provided guidance on costs in small claims.
Afzal v Ford  4 All ER 720 (CA);  PIQR P418
test cases on costs issues
Bourne v Colodense  ICR 291, CA
appointment of equitable receiver in respect of litigation costs remaining unpaid by trade union-backed plaintiff