News | Assessment

The Mechanics Of Qualified One Way Costs Shifting - Mrs. Sui La Ho V Miss Seyi Adelekun [2021] Uksc 45

27 October 2021   The case of Mrs. Sui La Ho (Defendant/Appellant) v Miss Seyi Adelekun (Claimant/Respondent) was already well known following the Court of Appeal ruling in 2019 that in an RTA case, a Part 36 offer making reference to “detailed assessment” does not escape the fixed costs regime.  The same case also addresses the question of how Qualified One Way Costs Shifting (“QOCS”) .....continue reading

Hourly Rates In Court Of Protection Bills Of Costs - In The Matters Of Plk, Aayan Ahmed Thakur, Nathanial Chapman And Paul Nigel Tate [2020]

08 October 2020   Master Whalan has recently allowed on assessment enhanced hourly rates in four Bills of Costs for Court of Protection work.  It had been submitted by the professional Deputies in each Bills of Costs that the Court’s approach to rely upon Guideline Hourly Rates (“GHR”), last updated in 2010, was incorrect and unjust on the basis that they did not take into account the specia .....continue reading

Can A Defendant’s Costs Be Set Off Against A Claimant’s If Qualified One-Way Costs Shifting Applies?

07 October 2020   The case of Mrs Siu Lai Ho v Miss Seyi Adelekun is already well known following the Court of Appeal’s ruling in 2019 that in an RTA case, a Part 36 offer making reference to “detailed assessment” does not escape the fixed costs regime. The same case now raises to question of how Qualified One-Way Costs Shifting (QOCS) should be applied and whilst the Court of Appeal decided begru .....continue reading

Master James Rules That Cfas Are Unenforceable Due To Breaches Of The Courts And Legal Services Act 1990

16 September 2020   GLOBAL ENERGY HORIZONS CORPORATION [GEHC] v THE WINROS PARTNERSHIP (formerly ROSENBLATT SOLICITORS [RS]) [2020] EWHC B27 (Costs)  Master James has ruled in the SCCO that three Conditional Fee Agreements (CFAs) are unenforceable in a high value commercial case by virtue of contravening Section 58 of the Courts and Legal Services Act 1990. GEHC are a corporation investing in oil and gas industry .....continue reading

Assessing Proportionality After May V Wavell

25 January 2018   There was much hope that the appeal of Master Rowley’s decision in Dr Brian May and Anita May v Wavell Group Limited and Dr Farid Bizzari [2016] would result in clear guidance, albeit not binding, on how the courts  should now assess proportionality.  Certainly questions had been asked about access to justice when a bill of costs for over £208,000 was reduced to £35,000 .....continue reading

Cfas – To Assign Or Not To Assign? That Is The Question!

12 December 2017   The judgment in Budana v Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980) has finally been released and we finally have some clarity on assignment and novation of CFAs. We consider the judgment and whether it really is the end of the road. Background The claimant had entered a CFA with Baker Rees (BR) after having a tripping accident whilst attending the defendant’s hospital. BR su .....continue reading

Ate Insurance Premiums In The Press Again!

01 December 2017   We reported recently on the case of BNM v MGN Limited & Michael Reynolds v Nottingham University Hospitals NHS Foundation Trust [2017] EWCA Civ 1767 and whether the old or new proportionality test applied to additional liabilities taken out prior to April 2013. In Peterborough and Stamford Hospitals NHS Trust v Maria McMenemy [2017] EWCA Civ 1941 the court considered whether ATE premiums in c .....continue reading

What Is This Proportionality Test I See Before Me?

17 November 2017   The recent decision in BNM v MGN Limited [2017] EWCA Civ 1767 provided illumination on how the new and old proportionality tests are to work in relation to additional liabilities, but how did the Court of Appeal reached its decision that the success fee and ATE insurance premium in this privacy claim should be subject to the old proportionality test? The Old Test The old proportionality test is .....continue reading

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