Case Law

Here we select and summarise key cases pertaining to Legal Costs which may prove to be a useful aid to negotiation. Please feel free to contact us to discuss any of the cases mentioned below in more detail and to see what impact they may have on you.

  • 12/10/2012

    Patterson v Ministry of Defence [2012] EWHC 2767 (QB)

    This was a case where the Claimant suffered a non-freezing cold injury and the issue was whether the non-freezing cold injury was a ‘disease’ within the meaning of Section V of CPR 45 and whether the recoverable success fee was 62.5% or 25%. The Claimant contended that non-freezing cold injury […]

  • 21/08/2012

    Loizou v Gordon & Anor [2012] EWHC 90221 (Costs)

    This was a road traffic accident matter where the claim was listed for a split liability and quantum trial. At the liability only trial on 21/07/11, the 1st Defendant and his witness failed to attend the hearing. An application to adjourn the matter to a further date by Counsel for […]

  • 02/08/2012

    SG v Hewitt [2012] EWCA Civ 1053

    The Claimant in this matter was a child who had suffered facial scarring and serious a serious head injury with frontal lobe damage in a road traffic accident. The Defendant had made a part 36 offer of £500,000, however, a definitive prognosis could not be given by the Claimant’s experts […]

  • 25/07/2012

    T (Children) [2012] UKSC 36

    Proceedings related to two children and included allegations of sexual abuse against, inter alia, the paternal grandparents (‘G’). Following a lengthy finding of fact hearing, G were exonerated. G were not entitled to public funding and had borrowed more than £50,000 defend the allegations. There was no criticism of the […]

  • 23/07/2012

    KMT & Ors (Children) v Kent County Council [2012] EWHC 2088 (QB)

    This was a complex matter which involved 4 young sisters who brought a claim against their local county council for failing to protect them against abuse suffered at home.Settlement was achieved at a round table meeting prior to trial.There were 3 grounds of appeal, the first being the hourly rates […]

  • 19/07/2012

    Hawksford Trustees Jersey Limited –v- Stella Global UK Limited & Anor [2012] EWCA Civ 987

    S, the unsuccessful appellant, was ordered to pay H’s costs of the appeal. H claimed an ATE premium of £394,638. S’s costs of the appeal were estimated at £68,502. However, the policy included cover for S’s costs of the primary proceedings and the appeal which were put at £619,000, as […]

  • 29/06/2012

    (1) Ted Baker Plc (2) No Ordinary Designer Label Limited –v- (1) Axa Insurance UK Plc (2) Fusion Insurance Services Limited (3) Tokio Marine Europe Insurance Limited [2012] EWHC 1779 (Comm)

    C had succeeded on a number of preliminary issues and sought an order for their costs thereof put at approximately £660,000. D argued that no order for costs should be made until the further issues in the case had been determined; that C should be deprived of a portion of […]

  • 30/05/2012

    AL (Albania) & Ors –v- Secretary of State for the Home Department [2012] EWCA Civ 710

    The Court of Appeal held that statutory appeals had no special status. The making of an order by consent assumed that the Upper Tribunal had fallen into legal error with either the encouragement or acquiescence of the Secretary of State. Following the guidance in M –v- London Borough of Croydon […]

  • 16/05/2012

    Sylvia Henry -v- News Group Newspapers LTD [2012] EWHC 90218 (Costs)

    C was a social worker who had been involved in the cases of Victoria Climbié and Baby P. She had been the subject of defamatory newspaper articles and had brought proceedings which settled on the basis of the payment of damages and an apology published in The Sun newspaper. She […]

  • 01/05/2012

    Cawdery Kaye Fireman & Taylor -v- Gary Minkin [2012] EWCA Civ 546

    GM had instructed CKFT to act in relation to his wife’s applications for non-molestation and occupation orders. He was given a costs estimate of £3,500 plus VAT subject to the usual proviso that it was not fixed and might be exceeded if events took an unexpected turn. He also signed […]

  • 30/04/2012

    Debbie Letts –v- Royal Sun Alliance PLC [2012] EWHC 875 (QB)

    C had been involved in an RTA. The letter of claim was sent on 5th October 2009. D admitted liability but not causation and intimated a low-velocity impact defence by letter of 24th November. D also made an offer of £500.00 in full and final settlement together with predictable costs. […]

  • 28/03/2012

    Citation Plc –v- Ellis Whittam Ltd [2012] EWHC 764 (QB)

    C had brought proceedings for slander and malicious falsehood against D. D did not accept liability but, prior to proceedings, offered an undertaking not to repeat the words complained of, albeit not in an unqualified form acceptable to C. C therefore issued proceedings seeking a permanent injunction. The proceedings were […]

  • 20/03/2012

    Hutchinson & Penning -v- Neale & Neale [2012] EWCA Civ 345

    H & P had were successful Defendants (‘D’) in a boundary dispute with N & N (‘C’). D had made several offers to settle which were not beaten. However, D had altered a copy plan in the case and when C’s solicitors obtained the original, unaltered document, D produced witness […]

  • 24/02/2012

    Dockerill & Healey –v- Tullett; Macefield –v- Bakos; Tubridy –v- Sarwar [2012] EWCA Civ 184

    In Dockerill and Macefield, the District Judges found that infant approval proceedings issued under Part 8 were multi track proceedings under CPR 8.9(c) to which small claims costs could not apply. They therefore awarded predictive costs under CPR 45II. In both cases, the Court of Appeal found that “claim” meant […]

  • 16/02/2012

    Simcoe -v- Jacuzzi UK Group PLC [2012] EWCA Civ 137

    C had been represented by Irwin Mitchell under the terms of a conditional fee agreement in an action for damages arising from industrial disease. Damages and costs were agreed. The only issue was whether interest on costs was payable from the date on which the order was made, the incipitur […]

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