Case Library

We have worked on and have won some of the leading cases in costs law including:

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  Keklik -v- Coles - Small claims costs in child claims

  We argued that small claims costs should apply to this child claim that settled for £250; the claimant disagreed on account of the fact that the claimant was a child. Held on appeal that the mere fact that the claimant ... read more

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  Moreira -v- Grench - Entitlement to predictable costs

  The claimant sought recovery of predictable costs. The defendant denied that there was an agreement to pay costs. Held on appeal that there must be an agreement, and on these facts the claimant was not entitled to recover predictable costs. ... read more

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  Longman -v- Feather & Black - Entitlement to negotiations costs

  Claims for damages and costs of the claim were settled without issue of proceedings. The claimant sought additional costs for negotiating the amount of costs. Held on appeal that there was no agreement to pay such costs and no automatic ... read more

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  Medcraft -v- Cybex - Enforceability of Conditional Fee Arrangement (CFA)

  We argued that the claimant’s solicitor had failed to declare to the claimant an interest in recommending an After the event (ATE) premium where the provider appeared to be a related company to the litigation funder upon whom the claimant’s ... read more

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  Singh -v- Adams - Counsel's attendance fees at Infant Approval Hearing

  We argued that the CPR 45.10(2)(c) invoked a test of necessity for recovery of counsel’s fees. The claimant argued that the provision should be interpreted broadly. Held on appeal that the Rule did invoke the test of necessity, which had ... read more

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  Smith -v- Interlink Express - Staged ATE case

  We argued that a stage one ATE premium of £750 plus Insurance Premium Tax (IPT) was out of kilter with the risk that it insured, which was disbursements only at that pre-litigation stage. Held that in the absence of an ... read more

Other key cases we have worked on include:

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  Findley -v- Jones & MIB - 90130 (Costs)

  The claimant’s claim was pursued under the provisions of a TAG policy with a conditional fee agreement entered into between solicitor and claimant. Senior Costs Judge Master Hurst held that there had been a breach of the relevant regulations in ... read more

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  Nizami -v- Butt - The indemnity principle and predictable costs

  The High Court held that the indemnity principle did not apply to case where the amount of costs is fixed by CPR 45 Section II.

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  Kilby -v- Gawith - Fixed success fees under CPR 45 S2

  We argued that a success fee should not be recoverable under CPR 45.11 where the claimant had the benefit of the before the event legal expenses insurance. The Court of Appeal held that as long as there was a CFA, ... read more