Malmsten v Bohinc [2019] EWHC 1386 (Ch), Marcus Smith J

Malmsten v Bohinc [2019] EWHC 1386 (Ch), Marcus Smith J


Approach to detailed assessment and proportionality – Parts 44 and 47 Summary: A costs judge erred in drawing no distinction between costs not associated with an application when assessing the… Read more »

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West v Stockport NHS Foundation Trust [2019] EWCA Civ 1220


Summary: The court provided guidance as to the approach to detailed assessment. The bill should be assessed line by line, dealing with reasonableness and proportionality simultaneously if possible.  The proportionality… Read more »

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West v Stockport NHS Foundation Trust [2019] EWCA Civ 1220


Summary: In assessing the proportionality of the recoverable part of a block rated ATE premium, the court must have regard to the specific matters set out in 44.3(5) and, if… Read more »

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West v Stockport NHS Foundation Trust [2019] EWCA Civ 1220


Summary: Disputes regarding the recoverability of ATE policy premiums, are not to be determined on the normal case-by-case basis; questions of reasonableness are settled at a macro level by reference… Read more »

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Maiden London Ltd v Ruddick, [2018] EWHC 13 December 2018 (QB), Yip J


The proportionality test – CPR 44.3 Summary: Where the order had been wrongly drawn, producing an irrational result, a costs judge could not go behind an order or change its… Read more »

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R (Adath Yisroel Burial Society) v Senior Coroner for Inner London [2018] EWHC 1286 (Admin)


Payment of costs on account – CPR 44.2 Summary: The Defendant was order to pay costs on account within 21 days. Longer Text: A religious burial society successfully applied for… Read more »

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Herbert v HH Law Limited [2019] EWCA Civ 527


Assessment of solicitor and own client costs – CPR 46.9(3) Summary: The Court held that the overall burden of showing that informed consent had been given for a CFA and… Read more »

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Ferri v McGill [2019] EWHC 952 (QB), Stewart J.


Costs exceeding fixed recoverable costs – CPR 45.29J Summary: The Court considers the exceptional circumstances where, under CPR 45.29J, a court will consider a claim for an amount of costs… Read more »

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SUCCESS FEES: NJL v PTE [2018] EWHC 3570 QB


Summary: In a case where liability was admitted, the High Court considered that the appropriate success fee under the pre-1 April 2013 regime, considering all of the relevant litigation risks,… Read more »

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Warren v Hill Dickinson LLP [2018] EWHC 3322 (QB)


ASSIGNMENT OF CFAS Summary: CFAs made with a firm that later ceased to trade were capable of assignment and the CFAs were validly transferred with the client’s informed consent. Longer… Read more »

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