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.

  • 15/12/2015

    AFR, Re [2015] EWCOP 73 (11 November 2015)

    This was an application by the Public Guardian to discharge two joint and several deputies for property and affairs on the grounds that they have behaved in a way that has contravened their authority or was not in their father’s best interests. The person to whom these proceedings relate was […]

  • 11/09/2015

    P (Sexual abuse), Re [2015] EWFC B120 (11 August 2015)

    This was a Judgment given by Her Honour Judge Penna at the final hearing in Care and Placement proceedings on 13 – 16th July 2015.  These proceedings were issued by the Local Authority in respect of the welfare of 4 children.  The 1st Respondent was the mother of the children […]

  • 22/08/2015

    RBC v R & G [2015] EWFC B96 (20 July 2015)

    This Judgment related to an application for a Care Order in respect of the child JG, aged 6 months. JG had been in Local Authority care since 23/01/15 and under provision of an Interim Care Order since 20/03/15. JR was the mother of JG and PJG was the father.  PJG […]

  • 07/08/2015

    Re K and H (Children) [2015] EWCA Civ 543

    This case concerned an appeal relating to a decision made in proceedings dealing with contact arrangements between the children, K and H, and their father.  Within the proceedings, Y, who was the half-sibling of K and H, made an allegation that she was sexually abused by the father of K […]

  • 28/07/2015

    IS v The Director of Legal Aid Casework and Anor [2015] EWCH 1965 (Admin) (15 July 2015)

    This was a High Court Judgment given by Mr Justice Collins on 15th July 2015 in respect of the Legal Aid Agency’s ‘Exceptional Funding Scheme. The LAA’s Exceptional Funding Scheme was introduced during a time of significant funding cuts contained in the Legal Aid Sentencing and Punishment of Offenders Act […]

  • 24/06/2015

    (1) Jonathan Parish (2) Brian Ogden –v- The Danwood Group Limited [2015] EWHC 940 (QB)

    Request by the Defendant to amend their Precedent H costs budget at the Trial was denied. The Claimants brought an action against the Defendant for deceit and/or misrepresentation arising from the sale of their shares to the Defendant in 2009.  The claim was ultimately unsuccessful and was dismissed, with costs […]

  • 24/06/2015

    Michael Richard Cashman –v- Mid Essex Hospital Services NHS Trust [2015] EWHC 1312 (QB)

    High Court overruled a decision by a Costs Master not to allow the 10% uplift awarded to a party for beating their own Part 36 offer The Claimant brought a successful claim for clinical negligence against the Defendant following the death of his wife.  Damages were settled in the sum […]

  • 24/06/2015

    Paul Anthony Axton & Christine Axton –v- (1) GE Money Mortgages Limited (2) The Money Group (Cornwall) Limited [2015] EWHC 1343 (QB)

    High Court rejected an argument by an appellant that costs should not be summarily assessed until after their further appeal had been heard The Claimants/Appellants entered into a series of four fixed sum loan agreements with the 1st Defendant/Respondent between 2000 and 2004, each of which were sold to the […]

  • 24/06/2015

    Nokes v Heart of England Foundation NHS Trust [2015] EWHC B6 (Costs) (29 May 2015)

    This was a clinical negligence claim where the Claimant sought to recover the cost of a post-LASPO ATE Temple Insurance Premium in the sum of £5,680 plus IPT which had been taken out to cover the costs of experts reports for her claim.  On provisional assessment, costs were awarded in […]

  • 24/06/2015

    James v Ireland [2015] EWHC 1259 (QB) (05 May 2015)

    The Defendant appealed a Judgment and Order of Master Campbell where Master Campbell had held that for the purpose of CPR 45.16 and 45.17, the Claimant was entitled to recover a 100% success fee as the trial of an action had commenced. This 100% uplift amounted to around £320,000. The […]

  • 24/06/2015

    L v NG [2015] EWCOP 34 (11 May 2015)

    This judgment concerned an application by the sister of NG to be appointed as his deputy for property and affairs together with her sons. NG had suffered from paranoid schizophrenia for many years and had been admitted to hospital under the Mental Health Act 1983 on many occasions. His assets […]

  • 11/06/2015

    L and C (Placement Application – parents not attending hearing) [2015] EWFC B49 (12 May 2015)

    This was a Judgment given by Her Honour Judge Sarah Wright on 12/05/15 in respect of Care proceedings issued by Barnsley Metropolitan Borough Council in relation to twin girls.  The background to the proceedings was that the mother had five older children who were no longer in her care.  Two […]

  • 27/04/2015

    MG + JG v JF [2015] EWHC 564 (fam) (10 March 2015)

    This was a Judgment given by Mr Justice Mostyn on an Application made under Schedule 1 of the Children Act by MG & JG for a costs allowance to be paid by JF.  This Application had been made within complex private law proceedings issued by JF in relation to JFG […]

  • 21/04/2015

    U-B (A Child) [2015] EWCA Civ 60

    This case concerned an appeal relating to an Application for the return of a child to Spain.  The child in question was E, who, at the time, was aged 14.  The child’s parents had separated when the child was approximately 18 months old.  Between the ages of three and 14, […]

  • 24/03/2015

    EG, Re [2015] EWCOP 6 (11 February 2015)

    This judgment concerned an application by the Public Guardian to revoke a Lasting Power of Attorney for property and financial affairs. EG, who was born in 1930, had been diagnosed as having vascular dementia and had executed a Lasting Power of Attorney (‘LPA’) for property and financial affairs and an […]

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