22.04.2009Mastercigars Direct Ltd. v Withers LLP  EWHC 993 (Ch)
Key issues: costs estimates, High Court, Solicitor/Own client
This was a Solicitor/Own client dispute regarding the impact of a costs estimate given by the Solicitors.
The Judge on first instance held that the Solicitors should be awarded 20% above the estimate.
This was overturned on appeal. The Court considered that the judge had provided inadequate reasons for his decision and because he had failed to take into account why there was a difference between the estimate and the costs claimed.
01.04.2009Manning and Beggs (as personal representatives of estate of Gary Manning) v King’s College Hospital NHS Trust  EWHC 693 (QB)
Key issues: High Court, Part 36 offer, percentage of costs
The main action was a claim resulting from an act of for clinical negligence which led to the Deceased dying of tongue cancer. The Claimants won on some issues and lost on others.
The Defendant submitted that the Claimant was only entitled to 75% of the liability costs and 100% of the quantum costs, which, in their view, led to an award of 80% of the Claimant’s costs.
This was rejected as it did not take into account the amount of time spent on each issue. The Court took into account the fact that the Claimant obtained judgment for an amount which, although less than the Claimant’s Part 36 offer, was significantly more than the Defendant’s Part 36 offer.
On the facts, the Court determined that the Claimants should be awarded 92.5% of their costs on the Standard basis.
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