Tag Results

High Court: proportionality is about more than ‘damages v costs’

Proportionality involves more than simply comparing costs budgets with the size of the damages claimed, a High Court judge has made clear. Mr Justice Nugee was ruling in a £350m claim, where the defendants’ costs budgets amounted to only about 7% of the claim.

November 14th, 2017 | No Comments »

Litigant in person who walked out of assessment hearing ordered to pay £83,000 costs

A litigant in person who “abruptly” walked out of a detailed assessment hearing before the end of the first day and failed to return, has been ordered to pay £82,930 by an employment judge. The sum is unusually high for an employment tribunal, where the general rule is that no more than £20,000 can be awarded in costs.

September 4th, 2017 | 2 Comments »

Senior Costs Judge: bills must be split for work carried out before and after 1 April 2013

It is “convenient and necessary” for lawyers’ bills to be split into two parts to distinguish between work carried out before and after 1 April 2013 in any case involving proportionality, the senior costs judge has ruled. Master Gordon-Saker said this was because the old and new, post-Jackson proportionality tests were different.

August 19th, 2015 | 1 Comment »

Coulson J lays down the post-Jackson law on late amendments

Mr Justice Coulson has taken advantage of a complex commercial property dispute to set out rules for the “right approach” to late amendments, warning that “proportionality is vital”.

June 1st, 2015 | No Comments »

Hunt goes on for costs budgeting case to reach Court of Appeal after Redfern settles

Hopes that the Court of Appeal would get its teeth into costs management have been dashed for the time being after the case that was destined to go there was successfully mediated. Litigation Futures understands that both the Law Society and Bar Council had been invited to intervene.

March 25th, 2015 | No Comments »

High Court issues proportionality ruling

A costs judge is entitled to consider if individual items of costs claimed are proportionate and necessary even if the costs of the litigation overall appear proportionate, the High Court has decided in the first ruling on the issue.

May 16th, 2014 | No Comments »

Top costs QC warns solicitors over proportionality traps

Solicitors must warn clients that uncertainty over proportionality under the Jackson reforms means judges can pull numbers from thin air and defendants will therefore query costs routinely, according to a leading barrister.

July 16th, 2013 | Comments Off on Top costs QC warns solicitors over proportionality traps

New CPR to be amended next month, rule committee chief reveals

There will be another statutory instrument next month to tidy up the one published last week with changes to the Civil Procedure Rules, after a warning that the new rule on proportionality could affect millions of pounds worth of work already done by solicitors.

February 18th, 2013 | Comments Off on New CPR to be amended next month, rule committee chief reveals

The waiting game

So here we are, less than seven months from implementation of the Jackson reforms and the RTA portal extension, and there is an awful lot we still don’t know. We thought that at least the 10% increase in damages was settled – certainly the country’s top judges did. But as we reported last week, they’ve effectively had to admit they acted hastily in deciding as they did by taking the unprecedented (well, nobody I’ve asked has seen this happen before) step of reopening the Court of Appeal ruling in Simmons v Castle.

September 13th, 2012 | Comments Off on The waiting game

MoJ plans three-year review of Jackson reforms

The Jackson reforms will be reviewed after three years of operation, the Ministry of Justice has confirmed. It said the objective will be to assess the impact on civil litigation costs of implementing the reforms.

July 25th, 2012 | Comments Off on MoJ plans three-year review of Jackson reforms