header-logo header-logo

26 January 2018 / Francis Kendall
Categories: Features , Procedure & practice , Costs
printer mail-detail

Keeping it proportionate after May v Wavell

Francis Kendall explains how judges may need to rethink how they assess costs following May v Wavell

  • Reviews how May v Wavell clarifies proportionality.​

Helpful and further clarification on proportionality has been provided by His Honour Judge Dight when hearing an appeal from the Senior Court Costs Office (SCCO) in the Central London County Court. 

In May v Wavell, Master Rowley had initially reduced the £208,000 costs claim to a shade under £100,000 on an item by item basis but then cut the recoverable sum to £35,000 on a proportionality test. 

On appeal, the Mays did not challenge the item by item rulings but argued that Master Rowley misdirected himself and misapplied the post-2013 proportionality test. The judge, sitting with Master Whalan, found that Dr May and his wife should be awarded £75,000 in costs after they accepted £25,000 in settlement in a private nuisance dispute.

"[A] perceived lack of focus on the full factors was seen to be a

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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll