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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
back-to-top-scroll