BLOWS v HEREFORDSHIRE DISTRICT COUNICL (2009) DC (Richards LJ, Tugendhat J) 17/03/2009

A decision by a magistrates’ court that a convicted individual pay the “full prosecution costs” occasioned by his criminal trial was one that it had been entitled to reach.

CONSUMERS’ ASSOCIATION v JJB SPORTS PLC (2009) [2009] CAT 2 CAT (Lord Carlile of Berriew QC) 30/01/2009

The Competition Appeal Tribunal Rules 2003 r.55(3) seemed to indicate that if there was to be a detailed assessment of costs as opposed to a lump sum assessment, then the expectation was that it was to be dealt with by the Supreme Court Costs Office. Nevertheless, that expectation was persuasive but not decisive and in an appropriate case the Tribunal retained its discretion to deal with the detailed assessment itself.

FITZPATRICK CONTRACTORS LTD v TYCO FIRE & INTEGRATED SOLUTIONS (UK) LTD (FORMERLY WORMALD ANSUL (UK) LTD) (No.3) (20090 [2009] EWHC 274 (TCC) QBC (TCC) Coulson J) 20/02/2009

The court determined costs where on part had made a CPR pt.36 offer that was not accepted within the relevant time period for acceptance but was subsequently accepted prior to the trial.

(1) GERALD LAURENCE ROACH (2) JEAN ROACH v HOME OFFICE : FRANCES MATTHEWS v HOME OFFICE (2009) [2009] EWCH 312 (QB) QBD (Davis, Master Wright, Robert Carter) 25/02/2009

Costs of attendance at an inquest were not incapable of being recoverable as costs incidental to subsequent civil proceedings.

LINDSEY FINDLEY (BY HIS SISTER & LITIGATION FRIEND, JOY FINDLEY CLARKE) AND BARRINGTON JONES (1) MIB (2) [2009] EWHC 9030 (COSTS) SCCO (SENIOR COSTS JUDGE MASTER PETER HURST) 13/01/09

Where there was no difficulty in identifying the defendant as the successful party to litigation, an issue based costs order was inappropriate and the question did not arise of whether there were any discrete issues that added significantly to the length of the trial to necessitate displacing the prima facie rule that costs should follow the event. The express power to award interest on the defendant’s costs at an enhanced rate was not available under the CPR, whereas it was available in relation to the claimant’s costs.

DONALD BURGESS AND J BREHENEY CONTRACTS LTD [2009] EWHC 90131 (COSTS) SCCO (MASTER HAYWORTH) 16/01/09

The Claimant was entitled to take out after-the-event insurance and the premium of £2,600.00 plus IPT whilst at “first blush” appeared disproportionate was recoverable.

CAROLINE HELVADJIAN AND AMBROSE APPLEBE SOLICITORS [2009] EWHC 90133 (COSTS) SCCO CHIEF MASTER HURST, SENIOR COSTS JUDGE 30/01/09

The failure of Solicitors to carry out the Client’s instructions resulted in nothing being payable by the Client in respect of the Solicitor’s profit costs.

NICOLA IBBERTSON AND PETER SAMPSON AND MFI AND HOWDENS JOINERY [2009] EWHCA 90132 (COSTS) SCCO (MASTER SIMONS) 30/01/09

Failure to disclose the true nature of interest in recommending insurance rendered CFA unenforceable; employment of London Solicitors not recoverable when Claimant lived on the Isle of Wight. Judgements 1-4 available from Lawtel; 5-8 full judgments available from Bailii and the SCCO website – 5-8 Summaries prepared by Gary Knight.

Legal Update (2009 Archive)

News In Brief