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Costs & Damages

Cost & Damages cases and legal advice on claiming cost & damages for compensation for loss or injuries sustained in the UK.

Reparation (100)

Griffiths & Ors v British Coal Corporation [2007] EWHC 672 (QB) (03 April 2007)

Settlements made under optional risk offer schemes. Costs were determined in respect of settlements made under optional risk offer schemes which had not existed when the parties had originally entered into a claims handling agreement, which stipulated the fixed costs payable for settlements aris......

Grupo Hotelero Urvasco SA v Carey Value Added SL [2013] EWHC 1732 (Comm) - 24/06/13

Unsuccessful claimant in a construction dispute sought an issue-based order and costs for the adjournment of an earlier trial date. In the alternative, it sought a percentage deduction of the other party's recoverable costs. Held: Where the court departs from the general rule that the unsucc......

Gwenneth Ann McCafferty & others v. Scott's Caravan & others [2011] CSOH 16

In February 2007, the first pursuer and her husband stayed overnight in a caravan belonging to the first pursuer's brother. The caravan had a gas heater. During the night carbon monoxide from the flue of the heater re-entered the caravan. The first pursuer and her husband sustained carbon monoxide ......

Haji-Ioannou & Ors v Frangos & Ors [2006] EWHC 279 (Ch) (24 February 2006)

Failure to commence detailed assessment proceedings in time. Where a party had failed to commence detailed assessment proceedings in time the court had the power to disallow both interest and costs, and it could not be said that where the court disallowed interest it would only be in exceptional c......

Haji-Ioannou v Frangos & Ors [2006] EWCA Civ 1663 (06 December 2006)

While non-compliance with a rule, practice direction or court order was the only jurisdictional requirement for the exercise of the power contained in CPR r.44.14 it would usually be appropriate as a matter of discretion to consider the extent of the misconduct which had occurred in the course of ......

Halliday v Creation Consumer Finance Ltd (CCF) [2013] EWCA Civ 333 - 15/03/13

The appellant sought substantial damages under the Data Protection Act 1998 and a sanction under art. 24, Directive 95/46/EC raising the issue of the correct approach to the remedy for distress under s. 13(2). Appeal allowed. Held: Art. 24 is not directly enforceable by an individual in private ......

Halliwells LLP (In Administration) v Ian Dafydd Austin & Ors [2012] Ch D - 25/06/12

A court awarded costs of a summary judgment on an indemnity basis as allegations of unconscionability had only come to light in a party's skeleton arguments, and there had been unparticularised serious allegations of fraud. The question for the court was whether H's conduct took the case out o......

Hammersmatch Properties (Welwyn) Ltd v Saint-Gobain Ceramics and Plastics Ltd & Anor [2013] EWHC 2227 (TCC) - 24/07/13

Costs judgment following a successful dilapidations claim on the termination of a lease where the damages awarded were marginally more advantageous than a Part 36 offer raising the issue of the application of the 'near miss' rule. Held: The court should resist invitations to speculate......

Hammond Suddards (A Firm) v Jebb, CA (Civ Div) 26/5/2006

The judge had taken into account all relevant factors when awarding interest on indemnity costs and had correctly exercised his discretion in the level of interest awarded. ......

Hands v Morrison Construction Services Ltd, High Ct (Ch D) 16/6/2006

A pre-action disclosure order was made where it would offer a real prospect of achieving the objective of more focused proceedings. ......

Harris & Anor v Moat Housing Group-South Ltd [2007] EWHC 3092 (QB) (20 December 2007)

Additional Solicitor must be Included on Bill for Detailed Assessment: Held that where a party sought to recover costs in respect of two separate firms of solicitors, both sets of costs should be included on the bill for detailed assessment. CPR 47.6 clearly provided that detailed assessment procee......

Harrison & Anor v Black Horse Ltd [2013] EWHC B28 (Costs) - 20/12/13

Application for relief from sanctions for failing to serve notice of a Court of Appeal conditional fee agreement in order to recover success fees. Held: The purpose of the requirement that a party discloses its funding arrangements is so that the other party may know that it may face a liability......

Harrison & Anor v Black Horse Ltd [2013] EWHC B5 (Costs) - 07/03/13

Application for an order for payment on account of costs under CPR 44.3(8) based on a consent order made in the Supreme Court. Application opposed on the ground that the Senior Courts Costs Office had no jurisdiction: costs were ordered to be paid by the Supreme Court, to which the CPRs do not appl......

HB v PB [2013] EWHC 1956 (Fam) - 09/07/13

Application for a non-party costs order against a local authority for wasted hearings caused by its failure to adequately prepare a report pursuant to s. 37, Children Act 1989. Application granted. Held: An order against a non-party in family proceedings, although within the wide discretion of t......

Hedrich & Anor v Standard Bank London Ltd & Anor [2008] EWCA Civ 905 (30 July 2008)

No Wasted Costs Where Material Produced as soon as its Significance Realised: The Court of Appeal held that a Wasted Costs Order against a solicitor was not justified where material had been disclosed as soon as its significance became obvious. Although the disclosure given by the solicitor may hav......

Henry v News Group Newspapers Ltd [2013] EWCA Civ 19 (28 January 2013)

A costs budget wasn't a cap on costs recovery – but might be soon Summary: the Court of Appeal has allowed a claimant to recover her costs despite the fact that she disregarded the costs management practice direction and exceeded her costs budget. Key issue: was there a goo......

Heron v TNT (UK) Ltd & Ors [2013] EWCA Civ 469 - 02/05/13

Application by employers' insurers for a non-party costs order against solicitors acting for an employee in a personal injury claim without after the event (ATE) insurance. Held: A non-party costs order is exceptional and fact-sensitive. Such an order will be justified were the non-party bec......

Horsford v Bird & Ors, PC(Ant)(Lord Hope of Craighead, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Mance) 28/11/2006

In the circumstances, there were no factors which justified a departure from the normal expectation, set out in Chrulew v Borm-Reid & Co 1 All ER 953 and preserved by the CPR r.47.18(1), that the party whose bill was being taxed was entitled to his costs of the taxation. ......

  • Categories: Costs & Damages
  • Court Date: Tuesday, 28 November 2006
  • Court: Privy Council
  • Area: UK

Horton v. Sadler & Anor [2006] UKHL 27 (14 June 2006)

Where a claimant in a personal injury action had initially issued proceedings before the time limit had expired and had brought a second action in respect of the same injuries after expiry, the court could use its discretion under the Limitation Act 1980 s.33 to dis-apply the three-year time limit.......

HSS Hire Services Group Plc v BMB Builders Merchants Ltd & Anor [2005] EWCA Civ 626 (24 May 2005)

In this case the court had to determine the effect of a Part 36 payment covering the whole matter where there had been a trial on a preliminary issue. The court found that the provisions of Part 36 encouraged an approach whereby the question of costs would be adjourned until all the issues in the c......

IFOT Services & Anor v Sherry [2013] EWHC (QB) (Judge Ralls QC) (unreported) - 26/11/13

Indemnity costs order was made against an employer for making an overly aggressive and unjustified application for specific disclosure and urgent interim relief against a former employee. IFOT Services', the applicant (A), business involved selling tickets for events. A applied for specific ......

IKOS CIF Ltd & Ors v Hogan Lovells International LLP [2011], EWHC 2724 (Ch), 14/10/11

When considering whether to make an award for indemnity costs, it was necessary to consider whether a party's conduct was such that it should attract the court's censure. The Respondent had not made a misleading statement and it was not game playing. It had made a striking out application which was......

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