Costs

The dangers of filing an incomplete costs budget

The High Court has imposed severe sanctions on a claimant who “genuinely but mistakenly” thought it was acceptable to file a costs budget excluding the phases of trial preparation and trial: Page v RGC Restaurants Ltd [2018] EWHC 2688 (QB). … Continue reading

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Court of Appeal overturns non-party costs order due to a “failure to warn”

The Court of Appeal has overturned a High Court decision granting a non-party costs order against an insolvent company’s director and majority shareholder. The court cited the claimant’s failure to warn the non-party of its intention to seek such an … Continue reading

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Filed under Costs, Funding

High Court orders indemnity costs following discontinuance of proceedings alleging serious fraud

The High Court has ordered indemnity costs against a claimant who made repeated and serious allegations of fraud against the defendants and then discontinued the proceedings without explanation: PJSC Aeroflot – Russian Airlines v Leeds & Anor (Trustees of the … Continue reading

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Filed under ADR, Costs

Court of Appeal rejects “sliding scale” approach to level of security for costs when real risk of non-enforcement established

The Court of Appeal has allowed an appeal against the High Court’s decision to reduce the amount of security for costs a Russian-resident claimant was ordered to pay by applying a “sliding scale” of risk where the defendants had shown … Continue reading

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Awarding costs in group litigation: Court of Appeal says “who receives the cheque” does not determine success

A recent Court of Appeal decision illustrates the court’s approach to awarding costs in the context of complex group litigation, and how it differs from the approach taken in ordinary commercial litigation: Sirketi v Kupeli [2018] EWCA Civ 1264. Under … Continue reading

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Filed under Class actions, Costs

Article published – Litigation funding: does the cap fit?

It is well established that, where a third party funds litigation in return for a share of the proceeds, the funder is potentially liable for adverse costs if the claim fails. That liability is generally thought to be subject to the … Continue reading

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Filed under Announcements, Costs, Funding

High Court clarifies approach to revising costs budgets where there are significant developments in the litigation

In a recent decision in the HBOS acquisition litigation, the High Court has clarified the proper approach in considering a party’s application to approve a revised costs budget in the light of significant developments in the litigation, under paragraph 7.6 … Continue reading

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Court of Appeal clarifies extent to which ATE insurance policy is relevant when considering security for costs

A recent Court of Appeal decision confirms that the court can take account of a claimant’s after-the-event (ATE) insurance policy when considering whether to make an order for security for costs: Premier Motorauctions Ltd v PricewaterhouseCoopers LLP [2017] EWCA Civ … Continue reading

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Court of Appeal confirms need to apply for immediate assessment of costs where successful in interlocutory appeal

The Court of Appeal has confirmed that a party who is awarded its costs of an interlocutory appeal is not entitled to an immediate assessment of those costs unless specifically ordered by the appeal court: Khaira v Shergill [2017] EWCA Civ 1687. The … Continue reading

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Filed under Appeals, Costs

Jackson LJ recommends fixed recoverable costs for claims up to £100,000

Lord Justice Jackson’s report on fixed recoverable costs has been published today. The key recommendation is to introduce a new intermediate track for claims between £25,000 and £100,000, which are of no more than modest complexity and could be tried in … Continue reading

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Filed under Costs, Courts