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04 September 2015 / HH Judge Simon Brown KC
Issue: 7666 / Categories: Features
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Mind the trips & slips (Pt 3)

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HHJ Simon Brown tussles with time for costs & consequential orders

At 3.30pm I gave judgment for the claimant for £1,250 (50% contributory negligence). CPR 28.6.5 estimates that there are 30 minutes to go for “costs and consequential orders”. We shall see, and only the defendant’s counsel had brought a White Book with him.

Statements of costs

The court clerk then handed me the statement of costs (summary assessment) filed by the claimants correctly more than two days before the trial (CPR 28.6.6). Ironically, I already had the defendant’s statement because it was filed out of time to the wrong court section marked “urgent” so that someone brought it to my chambers shortly before the hearing! They were in a form that I was familiar with but not in the Precedent H format that is easier to fathom how and why costs are incurred. Anyway, I looked at the grand totals:…wait for it…£5,353 (defendant)…and….£33,065 (claimant)!

Successful party?

Both parties claimed to be the “successful” one! As a first

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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