Contact Us

Costs Lawyer UK

Dallam Court

Dallam Lane



Tel: 01925 422945

Twitter Page


23 Feb 2016 Court of Appeal decision Part 36 trumps fixed costs ...Broadhurst,Taylor -v- Tan,Smith 

New Court Issue fees - 9 March 2015 - The Civil Proceedings and Family Proceedings Fees (Amendment) Order 2015 ....more

April Case Law - Two cases granting relief from sanctions, Wain -v- Gloucestershire County Council, held 1 day delay in filing costs budget was 'trivial'. The case of Chartwell Estate Agents -v- Fergies Properties SA & Another concerned the late filing of witness statements. more   Wain...   Chartwell...

22 April 2014 CPR 72nd Update The rules have been amended to clarify the rules introduced in 2013, which extended the Court's management powers in relation to costs ... more

22 April 2014 New Court Fees read The Civil Proceedings Fees (Amendment) Order 2014 here ....more

6 April 2014  CPR Update FORM H - Now due to come into force on 22 April 2014

The statement of truth on the Form H is due to change, effective from 6 April. The statement of truth will be amended to say: “This budget is a fair and accurate statement of incurred and estimated costs which it would be reasonable and proportionate for my client to incur in this litigation.”  The current statement of truth says: “The costs stated to have been incurred do not exceed the costs which my client is liable to pay in respect of such work. The future costs stated in this budget are a proper estimate of the reasonable and proportionate costs which my client will incur in this litigation.

27 November 2013 Court of Appeal 'Plebgate' decision handed down today

Andrew Mitchell MP -v- News Group Newspapers Ltd  read the full transcript here .... more

The Court of Appeal upheld the decision in the original judgment of Master McCloud to refuse relief and the appeal was dismissed. Within the judgment the Court of Appeal provided guidance on the correct approach to applications for relief from sanctions - paragraphs 40-43, 45. The judgment sends a clear message that relief will not normally be granted for 'de minimis' breaches unless good reason is shown. 

Autumn 2013 - We have just released our Autumn Newsletter and you can read it here .... more

66th CPR Update coming into force September and October 2013, including revised Precedent H form from 1st September  .... more

July 2013 - Part 36 ruling - Court rejects argument that Part 36 offer beaten by a small margin could result in costs consequences under CPR 44.2 (4) ...more

31 July 2013

New Pre-Action Protocols in RTA, EL and PL 31 July 2013 ... more

Civil Procedure Rules fixed recoverable costs ... more

EL and PL Key date is the cause of action

Industrial disease key date is letter of claim

RTA New Portal key date Claims Notification Forms lodged post 30/7/2013 = Fixed Recoverable Costs, not Predictive costs in cases below £10,000.00

May 2013

High Court ruling passes costs of disbursement funding to Defendant ...more

NHSLA fixed fee proposals for clinical negligence cases more...

Extending the Road Traffic Accident Personal Injury Scheme  more...draft protocols and specimen forms 

30 April 2013 - New RTA portal fees 

Apply to RTA cases up to £10,000.00 where CNF on or after 30 April 2013. The new FRC do not apply until end of July 2013, so cases exiting the portal prior to this date will go to the existing predictable costs. Success fees will remain recoverable on new RTA portal costs on CFA's incepted by 31.3.2013.

27 March 2013 New model CFA published on Law Society website here 

BEWARE!... CFA contains various errors at this stage. Follow us on twitter for more details.

Pre April 2013 -v- post April 2013 

  • Multi track cases issued pre April 2013 will almost certainly escape budgeting. However, there is a remote possibility the Court can order otherwise!
  • Non injury claims between £5,000 and £10,000.00 issued pre April 2013 will be cost bearing, but issued after April 2013 will be limited to fixed costs.
  • In cases where CFA's and ATE premiums are incepted pre April 2013, the additional liabilities are recoverable from the Defendant. Post April 2013 the additional liabilities will be payable by the Client.
  • Breaches/Relief from sanctions - In any application for relief issued pre April 2013, regardless of the hearing date of the application, the Court will apply the current test for relief from sanctions. Post April the new more harsh approach will apply. Judges have been told to be tougher on default.
  • Proportionality - the proportionality test of Lownds (see below) will apply to work done pre April 2013, whereas on work done post April 2013 the new test will apply. The new test provides that once the bill of costs has been assessed, the Judge can then consider whether the total figure is proportionate and reduce the bill further. On this basis it will be necessary for Judges to apply a split test to pre and post April 2013 work. Satellite litigation is anticipated as there is no guidance as to meaning of proportionality or how the test will be applied. The proportionality test does not apply to indemnity costs.
  • Part 36 offers made post April 2013 - the Claimant will be rewarded with a 10% increase in general damages where the Claimant makes a good offer and at court equals or beats this offer. The increase will apply to damages recovered up to £500,000.00. A further 5% enhancement on damages between £500,000 and £1 million. The maximum enhancement is £75,000.00.
  • General damages increase by 10% post April 2013. See Simmons -v- Castle below - does not apply to cases in which the Claimant is able to recover the additional liabilities.

Injury small claims limit anticipated increase next year in April 2014, although figures not yet released.

Jackson reform updates -

Portal Changes

In RTA cases up to £10,000.00, the new scheme provides basic fees of £500.00 where the CNF (Claims Notification Form) is issued after 29/4/2013. The new reduced fees will take effect from 30/4/2013.

The RTA portal has been extended to apply to claims up to £25,000.00. The revised portal will also apply to employers liability and public liability claims between £1,000.00 - £25,000.00 from 31/7/2013. The new portals will apply to cases where cause of action is 31/7/2013 or later. The fees for these cases have yet to be confirmed.

Small Claims Limit - Increases from £5,000.00 - £10,000.00 on 1 April, applies to non-personal injury matters.

Provisional Assessment - Applies to bills of costs where the Notice of Commencement is served on or after 1 April for costs up to £75,000.00. The Court will undertake a paper assessment without any oral representation and in most cases without the file of papers being lodged. However, the SCCO (Senior Courts Costs Office) has indicated they will still require the file of papers to be lodged. 

1 March 2013

Judicial Review 

Portal fees Judicial Review hearing today (1/3/2013) - MASS and APIL hoped to overturn the government's plan to reduce RTA portal fees from £1200 to £500.

The Judicial Review was brought by MASS and APIL following negotiations between the government and insurers to cut personal injury legal costs. As a result of the negotiations, the government agreed to reduce fixed recoverable costs. Decision - The High Court dismissed the Judicial review, finding there was no statutory duty for the government to consult with Claimant representatives. 

Draft RTA and EL/PL protocols published on 20 February more... RTA     EL/PL

The draft protocols are due to be considered and approved on 8 March at the meeting of the Civil Procedure Rule Committee. 

Henry -v- News Group Newspapers Limited - 28 January 2013

The Court of Appeal found good reason to depart from costs budgets. This is a notable decision as it was decided under the trial Defamation Costs Budgets Scheme just prior to the introduction of costs budgets in other litigation, coming in to force on 1 April 2013 as part of the Jackson reforms. 

Costs Budgeting

The new rules are to be applied to all multi track cases commenced on or after 1 April 2013. The parties will be required to exchange costs budgets by the date set out in the notice required under CPR 26.3 (1), i.e. the Court notice accompanying the directions questionnaire. If the Court has not stipulated a date, the budgets must be filed and served 7 days before the first CMC.  This position has changed from the original provision of 28 days after service of the defence. 

Where a party fails to comply with the requirement to file a costs budget, this will result in effectively waiving any entitlement to recover legal fees, subject to any relief granted by the Court.

The parties will be obliged to file accurate and updated costs budgets, keeping the Court and opponent fully informed.

The Court will make costs management orders and thereafter control the parties’ budgets,  enabling the Court to control the level of costs that will be recoverable on an inter-partes basis.

The new proportionality test from April 2013 – CPR 44.4 (5)

An integral part of the Jackson reforms is the new proportionality test, which is set to effectively reverse the approach taken in Lownds, (the two stage test of reasonableness and necessity) resulting in the necessity test being abandoned.  There is currently no guidance as to how Judges will apply the new proportionality test, which remains subjective. Undoubtedly the new test will result in extensive satellite litigation.

Simmons –v- Castle [2012] EWCA Civ 1288

The Court of Appeal revised its original decision - October 2012

In the original decision (July 2012), the 10% on increase on general damages would have applied to all cases settled after 1 April 2013. The Court of Appeal has now provided clarification ensuring the 10% increase upon general damages only applies to cases where Claimants’ have entered into CFA’s after 1 April 2013. The previous ruling would have resulted in Claimant’s with CFA’s incepted prior to 1 April 2013 recovering the additional liability and in addition benefiting from the 10% general damages increase.