Is a judge permitted to order costs to be summarily assessed in a different court by a different judge or must a summary assessment be undertaken by the judge making the order for summary assessment, whether at the same time or in the future? This was the question that came before the Court of Appeal…

Expert witnesses are often called upon to provide their opinions on technical and complex issues in legal proceedings. The impartiality of expert witnesses is critical to ensure that their opinions are objective and unbiased. Impartiality is especially important because expert witnesses can have a significant impact on the outcome of a case. This article will…

What is the approach of the court on costs when a party abandons part of its case? This issue recently came before Mr Justice Foxton in Skatteforvaltningen (The Danish Customs and Tax Administration) (“SKAT”) v Solo Capital Partners LLP (In Special Administration) & others [2022] EWHC 2969 (Comm). The Principles The court has a discretion…

In Jones v Tracey [2023] EWHC 2256 (Ch), Master Marsh held that correspondence between lawyers concerning the possibility of alternative dispute resolution (ADR) is to be regarded as ‘open’, regardless of whether that correspondence is marked ‘without prejudice’. He also refused to penalise the successful claimant for failing to engage with mediation.  Following the determination of the…

The Denton Test and Relief from Sanctions: Denton (Denton v TH White [2014] EWCA Civ 906) provides a three-stage test for applications for relief from sanctions: In a recent case, Khandanpour (Khandanpour v Chambers [2019] EWCA Civ 570), the court of appeal seemingly took a two stage approach for (a): Some Authorities: Ahmed Abdulla v…

Masood Ahmed, University of Leicester and Lal Akhter, Docket Live & Med Chambers, Leicester In civil litigation, costs will either be assessed on the standard basis or the indemnity basis; the default position is the standard basis. A court may, however, order costs on the indemnity basis if the circumstances of the case justify such…