Journal

Practico Costs Roundtable

Last week saw our second breakfast meeting held at The Devonshire club, here in London. A very enjoyable and informative event, chaired by our Andy Ellis, Jeremy Morgan QC, Alex Hutton QC and Jamie Carpenter tackling the thorny issues of the day. We thought it would be useful to provide some case notes from the event.

New Bill Format

While there appears to be some delay having the precedent available on the CPR website, please email for a copy of the precedent in PDF form. We also have fully functioning Excel files if you would like to discuss implementation.

Recovery of costs of arranging Third Party funding

Essar Oilfield Services Ltd v Norscot Rig Management Pvt Ltd
Please email for a copy of the Judgment

High Court upholds the decision of an arbitrator to allow the recovery of the costs of obtaining Third Party funding costs.

Proportionality

BNM v MGN Ltd [2016]
http://www.bailii.org/ew/cases/EWHC/Costs/2016/B13.html

Senior Costs Judge halves a “reasonable” bill utilising the new proportionality rule.

May & May v Wavell Group PLC & Bizarri [2016] EWHC B16 (Costs)
http://www.bailii.org/ew/cases/EWHC/Costs/2016/B16.html

Application of the two-stage proportionality test leading to a considerable reduction from a claim of £208,000 to £35,000 plus vat.

Costs Management

CIP Properties (AIPT) Ltd v Galliford Try Infrastructure and Others [2015]
http://www.bailii.org/ew/cases/EWHC/TCC/2015/481.html

The court criticised the claimant’s budget as being “unreliable, disproportionate and unreasonable” and went on to set new budgetary figures setting maximums that the claimant could recover in each phase of the litigation, giving consideration to both past and future costs.

SARPD Oil International Ltd v Addax Energy SA and Anr [2016]
http://www.bailii.org/ew/cases/EWCA/Civ/2016/120.html

Case highlights the danger of agreeing on any element of an opponent's budget and demonstrates the need to exercise extreme caution when doing so.

We will be covering some of these topics in more detail in our forthcoming Costs Briefing available at the end of the month, which we’d be happy to circulate to you.

If you or any of your colleagues are interested in attending future events, please do drop us an email to costs@practico.co.uk

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