Scott -v- Hull & East Yorkshire Hospitals NHS Trust
Scott –v- Hull & East Yorkshire Hospitals NHS Trust presents a strong precedent for both the receiving and paying party. The receiving party failed to prove that there was a…
What if your Precedent H Costs Budget has been reduced to court fees?
Will a budget which has been reduced to court fees apply if indemnity basis costs have been awarded? Where a budget is limited to court fees, it is advisable to…
Before: Senior Judge Lush ~ Between: The Public Guardian –and- CT(1) – and – EY(2) (Citation: [2014] EWCOP 51 (1 December 2014))
This article focuses on the Respondent’s request for an Order for Costs against the Office of the Public Guardian (OPG) with regards to the safeguarding application which arose in respect…
Before: Senior Judge Lush ~ In the Matter of PMB, RS and DG – and – JG (Citation: [2014] EWCOP 42 (4 November 2014))
This article focuses on the dispute between siblings, as well as the resolution that was agreed, in respect of the appointment of Joint Deputies to manage their mother’s financial and…
Proportionality – How This Has Changed Post Jackson
Following the Jackson Reforms (1st April 2013), the issue of proportionality has seen big changes. Pre-April 2013 Before 1st April 2013, proportionality was clearly defined under CPR 1.1(c): “(c) dealing…
Dufoo – v – Tolaini and Ors, Court of Appeal – Civil Division, November 27 [2014] EWCA Civ 1536
This is an interesting costs case whereby three Claimants issued proceedings against the Defendant. Two of the Claimants settled their claims and the third one went on to trial and…
Requesting Payments on Account and Applications for Interim Payment Costs Certificates
The receiving party is entitled to request an interim payment following service of a formal Bill of Costs. In some cases negotiations can continue for a long period of time…
Failing to serve the Precedent H Costs Budget
Confusion has reigned regarding the filing of Costs Budgets. The rule change on 22 April 2014 has clarified the position and it is now clear that the budget does not need to…