Synopsis When considering whether a breakdown of an invoice for legal services may be required, the Court found that a breakdown is only necessary when assessing whether the fee is reasonable and proportionate, or where abuse is suspected. The argument...
Synopsis Following the successful application to remove two trustees, the Court refused to award the successful side their costs of the proceedings and maintained that the removed trustees would remain entitled to indemnity from the trust fund for their...
Background The underlying matter related to an appeal against an order that sanctioned restructuring plans under Part 26A of the Companies Act 2006. The dispute related to the plan companies of the Petrofac group and two dissenting creditors, Saipem...
Lumb v NHS Humber and North Yorkshire ICB [2024] EWCOP 57 and the Deputy’s authority to manage a Personal Health Budget. The matter of Lumb v NHS Humber and North Yorkshire ICB concerned an application to discharge the Deputy, as the Deputy considered...
Summary This matter related to an appeal by the Second Defendant, who alleged that the Costs judge had failed to take account of the allegation of fundamental dishonesty when considering proportionality, specifically conduct under CPR 44.11. The Court...
Summary This matter related to claim made for clinical negligence. Quantum had been agreed at £1 million, but liability was disputed. The Defendants made it clear that they would be alleging Fundamental Dishonesty against the Claimant but failed to...
Background The underlying claim related to a claim made under s423 of the Insolvency Act 1986. S423 grants the Court power to grant relief in respect of transactions where assets are put out of the reach of creditors. The transaction in this claim related...
Synopsis When considering the application of Part 36 the Court considered a Consent Order to be tantamount to Judgement as far as the wording of CPR 36.17, allowing the party who made such an offer to enjoy Part 36 benefits when concluding via Consent...
Ward v Rai [2025] EWHC 1681 (KB) (03 July 2025) and the Court’s discretion whether to permit non-compliant Points of Dispute. Background This matter related to a Road Traffic Accident on 18 September 2019. Liability had been admitted but...
H&P Advisory Ltd v Barrick Gold (Holdings) Ltd (Re Consequential Matters) [2025] EWHC 1330 (Ch) and the application of Part 36 when just falling short of beating an offer. Background The Claimant was a London-based boutique investment bank...
Stephen Herbert Hunt v Oceania Capital Reserves Limited & Ors [2025] EWHC 837 (Ch) and the consequences of filing an inadequate budget late. Background This claim relates to the claim made by the Claimant that he had been defrauded of...
St Francis Group Ltd & Ors v Kelly & Anor [2025] EWHC 125 (SCCO) and the strike out of elements of the Points of Dispute Background The underlying claim concerns the sale of two properties to buyers represented by the Claimants. During this...
The Claimant retained the Defendant in September 2017 to assist with a property dispute. The dispute initially concerned unpaid service charges by the Claimant’s landlord but expanded to include a claim for disrepair, allegations of harassment and a disagreement with a neighbour about overhanging trees.
From 1 November 2022 to 28 April 2023, a pilot was in place for the use of electronic bills in Court of Protection (COP) claims. The trial was a marked success, resulting in the continuation of these bills being accepted by the Senior Courts Costs Office (SCCO) moving forwards.
In the matter of Briley & Ors v Leicester Partnership NHS Trust & Ors [2023] EWHC 1470 (SCCO), the recoverability of attending a pre-inquest review was considered.
In Sleaford Building Services Ltd v Isoplus Pipings Systems Ltd, the Court considered the validity of a Part 36 offer made and whether the offer was a genuine attempt to settle the claim.
Simpsons (Preston) Ltd & Anor v MS Amlin Underwriting Ltd [2023] EWHC 1370 (Comm) and the variation of costs budgets when the issue is self-imposed
IEH v Powell [2023] EWHC 1037 and the late acceptance of a Part 36 offer when the Claimant is a child suffering with brain damage.
The dangers of unjustified allegations within a Letter of Claim
With the FRC changes, a further track has been created, known as the intermediate track. Claims valued between £25,000 - £100,000 will now usually be allocated to the Intermediate Track, provided that their complexity makes them unsuitable for the Fast Track. In the event the claim is particularly complex, the Court are able to allocate the claim to the Multi-Track, which means the FRC regime will not apply.
