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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll