The defendant costs specialists

Posts made in December, 2014

More Christmas drink recommendations

By on Dec 15, 2014 | 0 comments

Christmas is obviously a time for sherry. And I’m not talking about the one bottle of Harveys Bristol Cream that your aunt brings out of the cupboard once a year, pours one glass from and replaces until the next year. (Sherry should be drunk within a few weeks of opening the bottle.) No, proper sherry is one life’s great pleasures and apparently the “hipster’s tipple of choice” (not that this is any great recommendation on its own). My top tip for sherry lovers is Sainsburys’ own brand stuff. This is consistently good quality across all types of sherry and just as good as more expensive brands such a Tio Pepe. I particularly recommend a chilled glass of their Pale Dry Fino or Dry Manzanilla. Or, a glass of Medium Dry Amontillado served at room temperature; just the thing to give a warm glow to the heart. All absolute steals at £5.50 a...

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Legal Costs Blog 2014 Award for Most Startling Legal Discovery

By on Dec 12, 2014 | 4 comments

The Legal Costs Blog 2014 Award for Most Startling Legal Discovery goes to Mr Justice Barling in Long v Value Properties Ltd & Anor [2014] EWHC 2981 (Ch) when giving judgment on the interpretation of the old notification requirements concerning additional liabilities: “The provisions as they currently stand are obscure, unnecessarily complex, and in need of...

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More Christmas drink recommendations

By on Dec 8, 2014 | 4 comments

My second drink recommendation in the run up to Christmas is Ayala Brut Majeur NV Champagne. You might not have heard of Ayala but it is now owned by the same people who make Bollinger champagne. Ayala is the “house” champagne at Middle Temple and served at their special events. Normally priced at £28.99 from Waitrose/Ocado. However, you can pick this up as low as £20.99 a bottle when purchasing a case of 6 from drinksfactory.co.uk. Spend a little bit more to get free delivery (otherwise £5.99 in addition per delivery)....

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Interim costs payments

By on Dec 5, 2014 | 23 comments

The pre-Jackson CPR contained two provisions concerning the making of orders requiring interim payments prior to detailed assessment. CPR 44.3(8) read: “Where the court has ordered a party to pay costs, it may order an amount to be paid on account before the costs are assessed.” The second provision was contained CPR 47.15(1): “The court may at any time after the receiving party has filed a request for a detailed assessment hearing – (a) issue an interim costs certificate for such sum as it considers appropriate; (b) amend or cancel an interim certificate.” I had always read this to mean there were two stages at which such an order could be made: 1. At the same time an order for costs is being made (usually following a trial). 2. After a request has been filed for a detailed assessment hearing. Therefore, if an order for a payment on account had not been made when the costs order was being made, the next opportunity to obtain an order for an interim payment would not arise until after a request for a detailed assessment hearing had been made. CPR 44.3(8) did not confer a general power on the court to order an interim payment at any stage. If it did, CPR 47.15(1) would have been redundant. Interestingly, in the cases of Dyson Ltd v Hoover Ltd [2003] EWHC 624 (Pat) and Blackmore v Cummings & Ors [2009] EWCA Civ 1276 it appears this distinction in timing was not argued and the courts simply proceeded on the basis that CPR 44.3(8) could be used to obtain an interim payment at any stage after an order for costs had been made. The current wording of the CPR is very similar to before, except there is now a presumption a payment on account will be ordered when costs are awarded. CPR 44.2(8) reads: “Where the court orders a party to pay costs subject to detailed assessment, it will order that party to pay a reasonable sum on account of costs, unless there is good reason not to do so.”  CPR 47.16(1) reads: “The court may at any time after the receiving party has filed a request for a detailed assessment hearing – (a) issue...

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