header-logo header-logo

Keeping it proportionate after May v Wavell

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

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 matter of judgement, rather than discretion, and thus the appeal

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: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll