header-logo header-logo

18 June 2009 / Dominic Regan
Issue: 7374 / Categories: Opinion , Costs
printer mail-detail

Grasping the costs nettle

Dominic Regan proposes a simple solution to the ongoing costs fiasco—proportionality

No party has ever paid out costs to an opponent unless either those costs have been agreed or the court has determined what should be paid.

The recent Jackson report comes up with myriad possibilities to control the level of costs (see Civil Litigation Costs Review, Preliminary Report by Lord Justice Jackson).

However, for a decade there has been a simple weapon which has hardly been deployed—proportionality. Costs are almost invariably awarded on the standard basis and CPR 44 (2) dictates that such costs be proportionate.

Ambitious claims

Where does the blame fall for the failure to apply proportionality? Some judges have done sterling work. When sitting as the designated civil judge in Birmingham His Honour Alistair MacDuff regularly waded in and slapped down ambitious claims for costs. Little wonder that he was elevated to the High Court bench. The current designated civil judge in Liverpool, His Honour Judge Stewart QC, is

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gardner Leader—Charlotte Botham & Belinda Sinnott

Gardner Leader—Charlotte Botham & Belinda Sinnott

Law firm strengthens real estate team with two new partners

DR Solicitors—Sarah Cook

DR Solicitors—Sarah Cook

DR Solicitors strengthens primary care expertise with appointment of legal director

Womble Bond Dickinson—David Varney

Womble Bond Dickinson—David Varney

Womble Bond Dickinson appoints David Varney to strengthen digital practice

NEWS
A deputy costs judge correctly exercised his discretion to allow late service rather than strike out the point of dispute, the Court of Appeal has held
Prince Harry, Baroness Doreen Lawrence and five others have lost their case against the publisher of the Daily Mail, Mail on Sunday and MailOnline, in Various Claimants v Associated Newspapers [2026] EWHC 1637 (KB)
Public confidence in the justice system is being undermined by a lack of accessible, useable data, magistrates have warned
The Sentencing Council has launched draft guidelines for facilitation and endangering another person during a sea crossing to the UK
Government proposals to make independent written legal advice a prerequisite for workplace non-disclosure agreements (NDAs) may prove unworkable, according to a senior employment lawyer
back-to-top-scroll