In 2017, four members of our
4 New Square Costs Team set themselves a challenge to come up
with a calendar of key costs decisions in the last year. 1 per
month, 100 words max per case. So here, back by popular demand, is
our calendar of 2018 in costs.
January
Dial Partners LLP v Eastern Airways International Ltd Lawtel
18.01.18.
The Claimant's solicitors had been acting under a DBA,
notified to the Defendant, entitling them to costs of
£250,000. 2 weeks before trial they switched to a CFA without
notifying the Defendant, thus claiming costs of over
£500,000. Master James held that the Claimants were not
limited to the costs pursuant to the DBA, as settlement had not
been a near certainty at the time of the switch, per Kellar v
Williams [2004] UKPC 30, and the switch was not unreasonable in
itself, per Kai Surrey [2016] EWHC 1598.
