Costs - Related Cases

  • Legg v Sterte & Aviva UK Limited [2016] 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  [2015] 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 [2013] 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 [2012] EWCA Civ 1053 (Court of Appeal); [2012] 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 [2012] EWHC 21 (QB) and [2012] 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 [2011] EWHC 2945 (QB)
    Solicitors' liability for costs of action as funders

  • Morgan v Sprite Group [2011] 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 [2011] 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 [2010] 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 [2010] 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 [2010] 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 [2010] EWHC 90167 (Costs)
    Consideration of recoverable costs following discontinuance against one defendant

  • Higgins v MOD [2010] 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 [2009] EWCA Civ 1386 (Ward LJ, Wilson LJ, Sir Paul Kennedy)
    Successful party where claimant contributorily negligent

  • Onay v Brown [2009] 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) [2009] 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 [2009] 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 [2009] 25 Const LJ 388
    compliance with reg 4 of the Conditional Fee Agreements Regulations 2000

  • James v Eli Lilly & Co Limited [2009] 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 [2009] 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) [2008] EWHC 2795 (QB)
    section 51 non party costs orders

  • Sibley & Co v Reachbyte Ltd [2008] EWHC 2665 (Ch) [2009] 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 [1999] PNLR 882 that client's account should prevail

  • Woolley v Haden Building Services Ltd (No.2) [2008] EWHC 90111
    costs estimates

  • Carver v BAA [2008] EWCA Civ 412; [2009] 1 WLR 113; [2008] 3 All ER 911; [2008] PIQR P15
    Defendant awarded costs despite the Part 36 payment being beaten by a margin

  • Parker v Mowlem Plc [2008] 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 [2008] EWHC 12 (TCC); 117 Con LR 117; [2008] TCLR 3; [2008] CILL 2557
    costs effect of a party declining to engage in mediation at a particular stage of a dispute

  • Mastercigars v Withers [2007] EWHC 2733 (Ch)
    effect of cost estimate in solicitor/own client assessment

  • Russell Young v Kevin Brown and others [2007] 2 All ER 453 (CA)
    generic costs in multi party professional negligence claim

  • Rogers v Merthyr Tydfil County Borough Council [2006] EWCA Civ 1134; [2007] 1 WLR 808; [2007] 1 All ER 354; [2006] Lloyd's Rep IR 759
    ATE policies

  • Re RSA Pursuit Test Cases [2005] EWHC (Costs)
    ATE policies

  • Burton v Kingsbury [2005] EWHC 1034; [2006] 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 [2005] All ER (D) 32
    jurisdiction of the Court to make wasted costs orders

  • Leigh v Michelin Tyre [2004] 2 All ER 175 (CA)
    leading authority on the effect of costs estimates on costs recovery

  • Jass v Blackburn [2003] EWHC 2963 (Ch)
    recovery of costs after a discontinuance where the successful party had arguably provided misleading information

  • Higgs v Camden & Islington Health Authority [2003] 72 BMLR 95
    leading authority on hourly rates under the CPR

  • Malkinson v Trim [2003] 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  [2001] EWCA Civ 2017; The Times 14 January 2002
    costs-sharing in multi-claimant product liability actions

  • South Coast Shipping v Havant [2002] 3 All ER 779
    Art 6 ECHR disclosure and privilege in costs proceedings - agency

  • Dickinson v Rushmer [2002] 1 Costs LR 128
    Art 6 ECHR - disclosure and privilege

  • McFarlane v EE Caledonia (No 2) [1995] 1 Lloyd's Rep 366, Longmore J
    costs orders in relation to champertously maintained litigation

  • Afzal v Ford Motor Co [1994] 4 AER 720. Court of Appeal provided guidance on costs in small claims.

  • Afzal v Ford [1994] 4 All ER 720 (CA); [1994] PIQR P418
    test cases on costs issues

  • Bourne v Colodense [1985] ICR 291, CA
    appointment of equitable receiver in respect of litigation costs remaining unpaid by trade union-backed plaintiff


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