Costs Case, news!

Today, in Horsham County Court.  Just saved my solicitors 30k in costs (arguing Pt 44 Standard Costs should not be allowed; only fixed costs under the RTA Protocol).  I think she might be happy when I tell her the news tomorrow.

*Complete the online enquiry form and see if I can help you.*

If any readers have questions on this article, they will be happily received @ uddin@clerksroom.com.

Taj Uddin, MA Oxon
Barrister, Clerksroom
Practising in London and the South (Salisbury to Brighton, Oxford to IoW)

Costs Case: Medway Oil and Storage Company v Continental Contractors HL 1928

Medway Oil and Storage Company, Limited Appellants; v Continental Contractors, Limited, and Others Respondents. [1929] A.C. 88 1928

Principle: Where a claim and counterclaim are both dismissed with costs (or both succeed with costs) the extra costs attributable as a result of there being a counterclaim will only by payable by the counterclaimant.  Ordinarily, there is no cause for apportionment.

*Complete the online enquiry form and see if I can help you.*

Taj Uddin, MA Oxon
Practising in London and the South (Salisbury to Brighton, Oxford to IoW)

Costs Case: Voice and Script International v Ashraf Alghafar CA 2003

Voice and Script International v Ashraf Alghafar [2003] EWCA Civ 736, Court of Appeal

Principle: Claimants will not benefit from incorrect allocation of cases, e.g. small claims cases in fast track, when assessing costs where the incorrect allocation was as a result of their own mistakes paying service to the importance of proportionality in the exercise of discretion on costs.

In this case, small claims costs were awarded on appeal where the Claimant had incorrectly valued his claim above the small claims threshold due to double counting and a failure to account for exchange rates.

Comment: this is distinct from a claim that is properly brought but subsequently falls below the relevant allocation threshold on inadequate evidence.

*Complete the online enquiry form and see if I can help you.*

Taj Uddin, MA Oxon
Practising in London and the South (Salisbury to Brighton, Oxford to IoW)