REUTERS | Daniel Munoz

Proportionality is something that is considered from the pre-action stage, right through to assessment of costs. It has become a term that is familiar to some and feared by many. On 1 April 2013, a new test of proportionality came in to force by virtue of CPR 44.3(2)(a), whereby costs that are disproportionate in amount may be disallowed or reduced even if they were reasonably or necessarily incurred. Continue reading

REUTERS | Nigel Roddis

In his pioneering judgment in CMOC Sales & Marketing Limited v Persons Unknown and 30 others, HHJ Waksman QC (sitting as a judge of the High Court) has confirmed that the court has jurisdiction to grant freezing injunctions against persons unknown. This follows his previous interim ruling on this point when he granted what is believed to be the first freezing injunction against persons unknown. Continue reading

REUTERS | Sergio Perez

Writing earlier in 2018, I commented on the inconsistency of approach between two recent cases to consider legal professional privilege: Andrews J’s decision in Director of the Serious Fraud Office v Eurasian Natural Resources Corp Ltd, and that of Sir Geoffrey Vos in Bilta (UK) Ltd (in liquidation) & others v Royal Bank of Scotland Plc & another. The Court of Appeal recently decided the appeal in ENRC, and given that Sir Geoffrey Vos was on the bench, it will come as no surprise that it is Bilta that finds itself on the right side of history. Continue reading

REUTERS | John Kolesidis

As the litigation funding market grows, claimants are faced with increased choice when sourcing funding and have more leverage when agreeing terms than ever before. Whilst “off the shelf” products exist, the majority of arrangements are tailored to the facts and the economics of each specific case, and there is often a good deal of room for negotiation between the parties to the agreement. Continue reading

REUTERS | Carlo Allegri

This blog considers the development of the law since the case of Lewis and others v Ward Hadaway (a firm) in 2015, when the defendant tried to strike out a claim on the basis of the underpayment of court fees by the claimants. It will consider whether there is any recent trend of applying the case successfully and whether the case can be used to defeat applications to reallocate claims. Continue reading

REUTERS | Ali Hashisho

Claim won with costs? It is not an unreasonable expectation in that case is it not, that there will be a guaranteed recovery from your opponent of the budgeted costs (those last approved or agreed insofar as you are within budget), plus a bit for the incurred costs? Consideration of any Part 36 offer made and, indeed, the couching and calculation of any Part 36 of your own, will be based as a starting point on those figures. Continue reading

REUTERS | Umit Bektas

Earlier this year, the High Court ruled that a Senior Courts Costs Office (SCCO) master was entitled to stay a consent order relating to detailed assessment because the clients were planning professional negligence proceedings against the solicitors. Continue reading