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75% Costs Sanction for defective Bill of Costs served a day late

November 13, 2025 at 11:46 AM

Sean Linley

@costs.bsky.social

A powerful message from the SCCO about getting your Bill of Costs right and how it's the ultimate responsibility of the Practitioner and not the costs drafter.

www.carterburnett.co.uk/costs-update...

#costs #law #costslaw #legal #sanction

Costs reduced by 75% where defective Bill of Costs served one day late in Hyder v Aidat-Sarran & Anor [2024] EWHC 3686 (SCCO) (09 December 2024)

Fixed Costs Stocktake Consultation Published. Interim Implementation Stocktake open until 5 January 2026.

November 4, 2025 at 11:35 AM

Sean Linley

@costs.bsky.social

*BREAKING: FIXED COSTS STOCKTAKE CONSULTATION UNVEILED*

The long awaited Fixed Recoverable #Costs Stocktake has been published. It will be followed by the MOJ's full Post Implementation Review which will commence in 2026. Responses are open til 5 January 2026.

carterburnett.co.uk/costs-update...

Fixed Costs Stocktake

Judge slashes law firm’s costs because of Mazur

October 31, 2025 at 9:58 AM

Sean Linley

@costs.bsky.social

Report from @legalfutures.bsky.social highlights one Judge's approach to costs post-Mazur. In short a non-authorised person undertaking reserved activity will impact the permissible costs.

legalfutures.co.uk/latest-news/...

#costs #law #costslaw #legal #litigation #mazur

A regional costs judge has described how he applied the ruling in Mazur to cut the costs awarded to a law firm in a housing possession case from £3,000 to less than £500.

legalfutures.co.uk

October 29, 2025 at 3:04 PM

Sean Linley

@costs.bsky.social

NAO Report on Costs of Clinical Negligence our analysis and summary now available -> www.carterburnett.co.uk/costs-update...

#costs #clinicalnegligence #law #legal

National Audit Office Costs of Clinical Negligence Report Published

National Audit Office report on costs of clinical negligence claims published. Recommendations include caps on legal costs and compensation.

Costs of clinical negligence - NAO report

October 17, 2025 at 10:33 AM

Sean Linley

@costs.bsky.social

*BREAKING: NAO REPORT ON COSTS OF CLINICAL NEGLIGENCE PUBLISHED*

FRC still on Government agenda and call for transparency on fee deductions by law firms from damages.

www.nao.org.uk/reports/cost...

#costs #clinicalnegligence

Our report looks at how liabilities for clinical negligence have changed over time, and what is behind those changes.

www.nao.org.uk

October 17, 2025 at 6:10 AM

Sean Linley

@costs.bsky.social

*DEFENDANT ORDERED TO PAY COSTS OF FAILED FUNDAMENTAL DISHONESTY ALLEGATIONS DESPITE WINNING AT TRIAL*

www.carterburnett.co.uk/costs-update...

#costs #law #costslaw #clinicalnegligence #fundamentaldishonesty

Costs Order against Defendant who raised Fundamental Dishonesty

High Court makes costs order against Defendant who failed in Fundamental Dishonesty allegation but ultimately succeeded at Trial.

Fundamental Dishonesty at Detailed Assessment

October 13, 2025 at 6:20 PM

Sean Linley

@costs.bsky.social

Fundamental Dishonesty and Detailed Assessment, SCCO decision on the interplay between FD and misconduct under CPR 44.11 and knowing your settlement terms ... !

www.carterburnett.co.uk/costs-update...

#costs #law #costslaw #legal

Detailed Assessment is not the place to rescue or change a poorly drafted order nor the place to try issues which should be heard by the trial judge.

Application Costs Restricted to Fixed Costs on Intermediate Track

September 26, 2025 at 3:32 PM

Sean Linley

@costs.bsky.social

Court wrong to summarily assess interim application costs on Intermediate Track, High Court reduces costs from £10,653 to £333 plus court fee. The realities of fixed costs coming to roost. carterburnett.co.uk/costs-update... #costs #law #costslaw #legal #litigation #fixedcosts

Application costs on Fast Track and Intermediate Track are restricted to fixed costs unless there are exceptional circumstances.

Costs Budgeting where Hourly Rates are not agreed - A High Court decision

September 16, 2025 at 11:43 AM

Sean Linley

@costs.bsky.social

Costs Budgeting and hourly rates considered by the High Court and how the same should be approached where rates are excessive but the court cannot approve or fix hourly rates. www.carterburnett.co.uk/costs-update... #costs #law #costslaw #litigation #costsbudgeting #budgeting

Court approach to Costs Budgeting and Costs Management where hourly rates are not agreed and in dispute.

Proportionality, Ainsworth and Indemnity Costs

September 9, 2025 at 2:36 PM

Sean Linley

@costs.bsky.social

New SCCO decision published today focuses on approach to proportionality, indemnity costs and the striking out of PODs (Ainsworth). A lot to get into on this one! www.carterburnett.co.uk/costs-update... #costs #law #costslaw #legal

SCCO approach to proportionality following a line by line assessment where there is a standard basis and indemnity basis assessment order and significant parts of the Points of Dispute had been struck...

#costs #costslaw #legal #budgeting #litigation #costsbudgets #interimpayment #law | Sean Linley

September 5, 2025 at 3:04 PM

Sean Linley

@costs.bsky.social

*88% INTERIM PAYMENT ON ACCOUNT OF COSTS AND DO YOU NEED TO VARY A BUDGET WHERE THERE IS AN INDEMNITY COSTS AWARD?* www.linkedin.com/posts/costsl... #costs #costslaw #law

*88% INTERIM PAYMENT ON ACCOUNT OF COSTS AND DO YOU NEED TO VARY A BUDGET WHERE THERE IS AN INDEMNITY COSTS AWARD?* A notable decision in Xtellus Capital Partners Inc v Dl Invest Group Pm S.A. [2025]...

Respondent put to election over CCFA by High Court

September 4, 2025 at 3:48 PM

Sean Linley

@costs.bsky.social

How should the court approach the Election Procedure in Detailed Assessment proceedings? The High Court examined this issue, ultimately putting the receiving party to is election over disclosure of its CCFA. www.carterburnett.co.uk/costs-update... #costs #law #funding

The Election Procedure and when a party should be put to election over the disclosure such as a CFA or funding retainer.

What is a reasonable interim payment on costs where it isn't agreed?

August 27, 2025 at 8:31 AM

Sean Linley

@costs.bsky.social

How does the court quantify a reasonable interim payment where the sum is in dispute? An interesting examination by the Court of Appeal and important reading for all practitioners involved in Civil Litigation. www.carterburnett.co.uk/costs-update...

The court's approach to determining what level of interim payment on account of costs should be allowed.

The Court has no role in rebalancing financial inequalities and when can the court consider costs before judgment is given?

August 15, 2025 at 8:39 AM

Sean Linley

@costs.bsky.social

Pre-judgment costs orders and the role of the court where there are financial inequalities (spoiler there is no role). An interesting judgment serving as a reminder of the alignment of costs and access to justice. www.carterburnett.co.uk/costs-update... #costs #law #accesstojustice

High Court says it has "role in rebalancing financial inequalities" and finds that orders for costs can be considered & made prior to Judgment where such costs are "clearly attributable to conduct".

District Judge Searl and Barrister Exall confirmed as keynote speakers for Costs Law Conference

August 5, 2025 at 9:00 AM

Sean Linley

@costs.bsky.social

Why not join me, Nick Northrop, DJ Searl and @civlittweet.bsky.social for the @carterburnett.bsky.social conference on 2 October? It's a completely free event. Only limited spaces left so would recommend booking early. www.carterburnett.co.uk/news/distric... #costs #law #newcastle #legal #costslaw

The Civil Procedure (Amendment No. 2) Rules 2025

August 4, 2025 at 7:26 AM

Sean Linley

@costs.bsky.social

CPR amendments coming in later this year will include amendments to allow a different Judge to conduct summary assessment where assessment is not undertaken at the end of a hearing. Full details here -> www.legislation.gov.uk/uksi/2025/89... #costs #law

These Rules amend the Civil Procedure Rules 1998 (S.I. 1998/3132) by—amending rule 2.8 (time) and rule 5.5 (filing and sending documents) in consequence of the introduction of new Practice Direction 5...

www.legislation.gov.uk

July 23, 2025 at 7:27 AM

Sean Linley

@costs.bsky.social

Relief from Sanctions granted on appeal to Claimant who filed a budget over 2 years late but its overall recoverable costs will be reduced by 20% carterburnett.co.uk/costs-update...

Court reduces Claimant's recoverable costs by 20% where Costs Budget filed over two years late

Relief from sanctions granted for late service of Costs Budget but Claimant's costs reduced by 20%.

Court wrong to reduce success fee & disallow ATE deduction from child's damages

July 4, 2025 at 12:15 PM

Sean Linley

@costs.bsky.social

Court overturns decision to disallow ATE and reduce success fee deduction from Child's damages. A really interesting judgment on procedure which highlights the tension between the cost of access to justice & government legislation. carterburnett.co.uk/costs-update... #costs #law

Court overturns decision to reduce success fee and disallow ATE premium from child's damages.

*BREAKING: SCCO GIVE GUIDANCE ON RECOVERABILITY OF PROBATE COSTS IN CIVIL LITIGATION PLUS THE APPROACH TO ASSESSING HOURLY RATES* | Sean Linley

July 2, 2025 at 10:44 AM

Sean Linley

@costs.bsky.social

SCCO give guidance on recoverability of Probate costs between the parties and the approach to assessing the reasonableness of hourly rates. A really useful and interesting judgment - www.linkedin.com/posts/costsl...

*BREAKING: SCCO GIVE GUIDANCE ON RECOVERABILITY OF PROBATE COSTS IN CIVIL LITIGATION PLUS THE APPROACH TO ASSESSING HOURLY RATES* In a Judgment published today Senior Costs Judge Rowley has addressed...

*NOT FIXED COSTS WHERE PARTIES CONTRACTED OUT* | Sean Linley

June 25, 2025 at 3:06 PM

Sean Linley

@costs.bsky.social

Not Fixed Costs where parties agreed Consent Order for costs to be paid on standard basis and subject to detailed assessment if not agreed. www.linkedin.com/posts/costsl...

*NOT FIXED COSTS WHERE PARTIES CONTRACTED OUT* An excellent assessment result where the court dismissed an argument that a Fast Track claim should be restricted to fixed recoverable costs on the grou...

*CREDIT HIRE COMPANIES CAN BE LIABLE FOR COSTS* | Sean Linley

June 24, 2025 at 6:27 AM

Sean Linley

@costs.bsky.social

Housing Disrepair FRC exemption extended to October 2028. Government confirm that they "will extend exemption of HDR from the FRC regime until October 2028, when [they] will review the exemption." Cite developments in housing sector inc. changes re Renters' Rights Bill & Awaab's Law. #costs #law

June 16, 2025 at 9:55 AM

Sean Linley

@costs.bsky.social

Court of Appeal Credit Hire Companies liable for #costs of failed claims "When the credit hire claim is several times larger than the PI claim (as in both DAML and Spectra) an order for all the costs of the litigation would be likely, absent some special feature." www.linkedin.com/posts/costsl...

*CREDIT HIRE COMPANIES CAN BE LIABLE FOR COSTS* Court of Appeal find that Credit Hire Claims can be liable for costs in failed Credit Hire Claims (or PI claims where the significant portion of the cl...

Review of Litigation Funding Summarised

June 13, 2025 at 2:50 PM

Sean Linley

@costs.bsky.social

*LITIGATION FUNDING FINAL REPORT PUBLISHED* The 150pg report is well worth a read and includes significant recommendation inc. reversal of PACCAR, review of level of success fees and regulatory frameworks for litigation funding. www.carterburnett.co.uk/costs-update... #costs #law #litigationfunding

Summary of the Civil Justice Council Final Report on Litigation Funding, CFA, DBA, Third Party Litigation Funding and more.