HHJ Simon Brown QC, the pioneer of costs budgeting, has given instant reward for keeping within a court approved budget, with a summary assessment of costs in the sum of £351,000 payable within 14 days.
The High Court rejected a bid by a successful defendant to nearly double its approved costs budget of almost £270k after trial.
The defendant appealed against a judge's costs management decision.
The High Court has handed down a decision concerning the revision of costs budgets under the management pilot in the Technology and Construction Court.
The Court of Appeal has handed down an important and eagerly awaited decision on the potential liability of solicitors for non-party costs orders.
The Court of Appeal has considered the decision of Master Hurst in this leading Costs Budgeting case.
The Master had to decide as a preliminary issue whether there was "good reason" to depart from the Claimant's last court approved budget.
A Costs Judge did not have the power to allow an immediate assessment of costs under CPR 47.1.
The Costs of proceedings in r.36.10 does include the claimant's costs where an offer is accepted pre-commencement. However, this does not give rise to a deemed order for costs.
Part 36 offers can be made at any time, including before the commencement of proceedings and, if accepted within the relevant period, the claimant is entitled to the costs of the proceedings up to the date on which notice of acceptance is served.
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"Tom Winyard is very experienced and knowledgeable in this minefield of costing. He is a very effective communicator and handheld me every step of the way in my dealings with the most aggressive unethical opposing counsel. When the world caved in on me, it was Tom who step-by-step and patiently built the picture to protect his client. After hiring 4 law firms, waste of money and time and did not even achieve anything close to what Tom can offer. It would certainly be detrimental too to any suffering party not to hire Tom Winyard because I have certainly called almost 40 costs firms in London and had no joy with them. Thank you Tom, we will be forever indebted. We are grateful and we thank God for enabling us to find Tom to salvage the most painful event."Linda Chin - Singapore