Case commentaries – Page 2
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Analysis
CIP Properties Ltd (AIPT) v Galliford Try Infrastructure Ltd [2015] EWHC 481 (TCC)
How to deal with costs management in circumstances where the claimant’s budget was “entirely unreliable” and where the costs were “wholly disproportionate”
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Analysis
Home Group Ltd v Matrejek [2015] EWHC 441 (QB)
The High Court has allowed a case to continue despite a party failing to turn up for a directions hearing, and post-Denton, is another expression of leniency by the court in relation to parties seeking relief from sanctions
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Analysis
Hamed v Mills & Tottenham Hotspur Football Club [2015] EWHC 298 (QB)
In this case, which provides a useful example of cost assessment in cases where there are two parties and part 36 offers, the court found negligence on the part of a doctor and football club in a claim brought by a professional football player
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Analysis
Yeo v Times Newspapers Ltd [2015] EWHC 209 (QB)
The High Court has highlighted some common issues that arise in costs management, and given general guidance on completing costs budgets
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Analysis
Kazakhstan Kagazy plc v Baglan Abdullayevich Zhunus [2015] EWHC 404 (Comm)
It may be reasonable for a party incurring costs to spare no expense in a case where large amounts of money are at stake, says Mr Justice Leggatt.
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AnalysisSavoye and Savoye Ltd v Spicers Ltd [2015] EWHC 33 (TCC)
High Court has more than halved a successful party’s costs on summary assessment on the basis of proportionality, in one of the clearest applications of the new proportionality rule seen so far
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Analysis
JE v Secretary of State for the Home Department [2014] EWCA Civ 192
Court of Appeal rules on limits of power under CPR 52.9A to limit costs of appeals in proceedings where recovery is normally restricted.
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Analysis
Ultimate Products Ltd v Wooley [2014] EWHC 2706 (Ch)
Court applied three-stage test in Denton when considering an application for relief from sanctions, and held failure to serve notice of new CFA was not a serious breach.
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Analysis
Wagenaar v Weekend Travel Ltd and Serradj [2014] EWCA Civ 1105
Court of Appeal’s first interpretation of QOCS provisions, including whether the QOCS regime was a valid one and if QOCS applies to Part 20 proceedings between a defendant and a third party.
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Analysis
Kellie & Kellie v Wheatley & Lloyd Architects Ltd [2014] EWHC 2866 (TCC)
Reviews the law relating to conduct and costs; the power to award indemnity costs; and the effect of an order for indemnity costs on a costs budget.
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Analysis
Burrett v Mencap Ltd [2014] EW Misc B50 (CC)
A hearing to determine the costs consequences of a variation to a Part 36 offer.
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Analysis
Denton v TH White Ltd [2014] EWCA Civ 906: relief from sanctions appeals
Earlier this month, the Court of Appeal heard three appeals together which concerned relief from sanctions and the application of Mitchell principles. Cait Sweeney examines the issues and practical implications raised by the hearings.
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Analysis
Hallam Estates Ltd v Baker [2014] EWCA Civ 661
Overturning a Circuit Judge’s decision refusing relief from sanctions, Lord Justice Jackson stated that, as long as proceedings are not disrupted, parties will not be in breach of their obligations to their client by considering reasonable extensions of time.
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Analysis
Cox v Ergo Versicherung AG [2014] UKSC 22
The Supreme Court has ruled on the law applicable to claims in respect of fatal accidents where the accident happened abroad. The Fatal Accidents Act 1976 does not have universal application.
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Analysis
Chartwell Estate Agents Ltd v Fergies Properties SA & Anor [2014] EWCA Civ 506
The Court of Appeal upheld a decision to grant a claimant relief from sanctions, deciding that to threaten the entire progress of a case would be too severe.
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Analysis
Integral Petroleum SA v SCU Finanz AG [2014] EWHC 702 (Comm)
The Commercial Court refused to treat service by email of the particulars of claim on the defendant as valid, despite the fact that this was not agreed by the defendant and was served late.
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Analysis
Utilise TDS Ltd v Davies [2014] EWHC 834 (Ch)
The court considered whether, if a breach of a court order attracting sanctions can be viewed as trivial, could another trivial breach of the same order result in the first breach be viewed as non-trivial.
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Analysis
Clarke v Barclays Bank plc and Lamberts Surveyors Ltd [2014] EWHC 505 (Ch)
A claimant was refused permission to rely upon a second expert report where the report of an original expert had been served, but the expert had withdrawn from the case.
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Analysis
Porter Capital Corporation v Zulfikar Masters (unreported, 19 March 2014)
This case illustrates more robust and stricter approach the courts are now taking, following the Jackson reforms, and how not complying with court rules can lead to heavy costs sanctions.
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Analysis
Thevarajah v Riordan [2014] EWCA Civ 15
Court of Appeal overturned the Chancery Division’s (ChD) decision to grant relief from sanctions, finding that the ChD could not make an inconsistent order granting relief unless and until the original order had been set aside by way of a variation or revocation.
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