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

Costs Cases

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 »

CategoryDetailed assessment, Proportionality, Assessment of Costs Date

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 »

CategoryDetailed assessment, Proportionality, Assessment of Costs Date

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 »

CategoryDetailed assessment, Proportionality, ATE Date

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 »

CategoryATE Date

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 »

CategoryMiscellaneous Date

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 »

CategoryAssessment of Costs, Miscellaneous Date

Wheeldon Brothers Waste Limited v Millennium Insurance Company Limited [2018] EWCA Civ 2403


Permission to appeal – CPR 52 Summary: The Court of Appeal restated the relevant principles applicable to appeals from the TCC. Longer Text: In refusing permission to appeal, the Court… Read more »

CategoryPermission to appeal, Criminal Date

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 »

CategoryAssessment of Costs, Miscellaneous Date

Manjit Gill v Heer Manack Solicitors [2018] EWHC 2881 (QB).


Termination of retainer Summary: SOC Termination of Retainer. Longer Text: A client instructed a firm of solicitors to act on behalf of himself and others. Four months before the date… Read more »

Date

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 »

CategoryAssessment of Costs, Miscellaneous Date

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