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 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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll