Case Law Updates

6 August 2024

Houssain v London Capital Ltd [2024] EWCA Civ 721. Newey, Asplin, Baker LJJ 28 June 2024. When holding that the issue of whether default interest under a facility agreement amounted to a penalty would...

1 July 2024

Transomas Ltd v Kheri Trading Ltd [2024] EWHC 1349 (Ch) Joanna Smith J 20 May 2024. The judge made a non-party costs order against the sole director of the two claimant companies, to prevent her from ...

5 June 2024

Leonard v Leonard [2024] EWHC 979 (Ch) Joanna Smith J – 29 Apr 2024. Costs in a disputed probate action where the court had found in favour the claimants in respect of a 2005 Will as against a 2...

8 May 2024

South Tees Development Corp v PD Teesport Ltd [2024] EWHC 842 (Ch) 27 March 2024. Rajah J dealt with the incidence of costs following a 6 week trial. The defendant was the successful party having esta...

4 April 2024

King v DWF LLP [2024] EWHC 668 (Comm) Henshaw J- 2 February 2024. The court refused to carry out a summary assessment of the defendants’ costs (claimed in the sums of £1,553,689 and £2,745,673) re...

5 March 2024

L v O [2024] EWFC 6 -Coob J- 26 January 2024. On an application for security for costs, Cobb J held that although the husband in 2023 had spent more time in London than elsewhere, on the facts, he was...

5 February 2024

Lazarichev v Lyndov [2024] EWHC 8 (Ch) 9 January 2024 – HHJ Keyser KC. Security for costs was refused where the claimant, a Belarusian national, was living in Poland, a State bound by the Hague ...

3 January 2024

HRH PRINCESS DEEMA BINT SULTAN BIN ABDULAZIZ AL SAUD v Gibbs [2023] EWHC 3111 (Comm) – 5 December. Andrew Baker J. The claimant, being in breach of unless orders to pay the defendant £598,955....

4 December 2023

Morrison Water Services Ltd v Browning [2023] EWHC 2725 (Ch) 31 October 2023 Judge Mark West- 31 October 2023 provides a useful reminder that Winding up Petitions should not be used to pursue debts th...

8 November 2023

Diag Human SE v Volterra Fietta [2023] Costs LR 1511  Newey, Stuart-Smith, Andrews LJJ -4 October 2023. The solicitors had acted for the claimant under a Conditional Fee Agreement (CFA). The cour...

5 October 2023

Kirkwood v Thelem Assurances [2023] Scot CS CSIH 3, 19 July, the court of Scotland did not allow the costs of English solicitors acting for a Scottish client in the Scottish courts (who had been injur...

4 September 2023

CC -v- Sheffield Teaching Hospitals NHS Foundation Trust [2023] EWHC 1905 (KB) Ritchie J 13 July 2023. Part 36. Where the successful claimant had beaten the periodical payments part of her offer but h...

4 August 2023

Deutsche Bank AG v Sebastian Holdings Inc  [2023] EWHC 1527 (Comm)   Dias J 28 June 2023. In proceedings in which the court had ordered the claimant on 8 November 2013 to pay 85% of the...

10 July 2023

ABC v Derbyshire County Council [2023] EWHC 1337 (KB) 6 June 2023. Following the dismissal of the Claimants’ claims under the Human Rights Act, the Court considered whether they had the benefit of Q...

15 June 2023

Brierley v Otuo & Ors [2023] EWHC 275 (SCCO) By Kelly Line, Costs Lawyer Costs Judge Nagalingham recently refused the Defendants’ application for the Claimant to redraw their Bill of Costs on th...

1 June 2023

Ikin v Shawbrook Bank Ltd [2023] EWHC 1075 (Costs) Senior Costs Judge Gordon-Saker, 5 May 2023. In Detailed Assessment proceedings, 40% of the receiving parties’ assessed or agreed costs were disall...

3 May 2023

K/S Mountain Invest v Ducat Maritime Ltd [2023] EWHC 939 (Comm) HHJ Keyser 24 March 2023. HHJ Keyser gave the defendant relief from sanctions under CPR 3.9 where no costs budget had been filed under C...

13 April 2023

Warburton v Chief Constable of Avon and Somerset [2023] EWCA Civ 209  Moylan, Phillips, Males LJJ 2 Mar 2023. A claimant who had accepted an offer under CPR Part 36 to settle defamation proceedin...

28 February 2023

Kenig v Thomson Snell and Passmore LLP  [2023] EWHC 181 (SCCO) 1 Feb 2023.   Master Brown distinguished the much criticised decision in Tim Martin Interiors Ltd v Akin Gump [2012] 3 Cos...

31 January 2023

TRX v Southampton Football Club [2022] EWHC 3392 (KB) Stacey J 25 November 2022. Stacey J. Where solicitors had done three months work before making a conditional fee agreement with the claimant, ther...

12 June 2019

The number of cases at High Court level and above which are being handed down continue at a relentless pace. This update principally features judgments which have appeared in the Law Reports. As usual...

24 October 2018

The long hot summer did not cause any downturn in the number of decisions about costs which have been given by High Court Judges and above.  What is also notable, however, is that they have been ...

25 July 2018

Those of us who remember the pre Civil Procedure Rules days will recall that if you won your case by even a tiny amount, costs would “follow the event”: that is to say, there would be no deduction...

8 June 2018

It has been a sunny spring, yet it hardly seems any time since we opened our Costs Case Law Update with a reference to the “Beast from the East”. However, if the weather is a constant source of di...