England and Wales Case Law

Clare Griffin v Kleyman & Co Solicitors Ltd

The Claimant's offer of 23 May 2022 did not constitute special circumstances under section 70(10) because it was not realistic, sought to improperly invoke CPR Part 36, and would have required the Defendant to pay more than the billing refund now due. The Defendant is entitled to costs under the one-fifth rule, but this entitlement is reduced to 80% due to negligent overbilling and poor record keeping. For the Part 8 costs, the Defendant is awarded half its costs due to its late concession to the assessment order.

Source excerpt

• Solicitors act 1974 section 70
• Cpr part 8
• Cpr part 36
• Detailed assessment
• One-fifth rule
• Special circumstances

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MH v CH

The court's general case management powers under CPR 3.1(7) permit setting aside a Provisional Assessment Order where the assessment was conducted without all mandatory documents, specifically the full Points of Dispute, rendering the process irregular and depriving the paying party of fair process; exceptional circumstances exist due to the admitted omission, warranting the PA Order being set aside.

Source excerpt

• Provisional assessment
• Case management powers
• Setting aside orders
• Detailed assessment
• Points of dispute

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EE Limited v Virgin Mobile Telecoms Limited

Due to significant unexplained increases and discrepancies in costs schedules, and absence of supporting evidence, summary assessment is inappropriate and detailed assessment is required.

Source excerpt

• Costs assessment
• Summary assessment
• Detailed assessment

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Magomedov & Ors v Rabinovich & Ors

Magomedov & Ors v Rabinovich & Ors [2026] EWHC 962 (SCCO) (24 April 2026)

The SCCO refused an application for security for costs in detailed assessment proceedings, holding CPR 25 does not apply and CPR 47 provides the relevant code.

• Security for costs
• Detailed assessment
• Jurisdiction of scco
• Cpr 25
• Cpr 47
• Interim costs certificates

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Ziyavudin Magomedov & Ors v Mikhail Rabinovich & Ors

The SCCO refused an application for security for costs in detailed assessment proceedings, holding it had no jurisdiction under CPR 25 and that CPR 47 provides the relevant code.

• Security for costs
• Detailed assessment
• Jurisdiction
• Interim remedies
• Security-for-costs
• Detailed-assessment

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Hammond v Herrington Carmichael LLP

Hammond v Herrington Carmichael LLP [2026] EWHC 701 (SCCO) (24 March 2026)

The court held that the solicitors’ invoices were interim statute bills under the retainer terms and refused assessment of most invoices under s.70.

• Solicitors' bills
• Detailed assessment
• Interim statute bills
• Special circumstances under s.70 solicitors' act 1974
• Solicitors-act-1974
• Detailed-assessment

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Daniella Duffy v Birmingham City Council

The Court of Appeal held that failure to expressly certify compliance with the indemnity principle in a bill of costs is a procedural defect, not a nullity.

• Default costs certificate
• Detailed assessment
• Indemnity principle
• Cpr 47.6
• Practice direction 47
• Setting aside default costs certificate

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MH v CH

MH v CH [2026] EWHC 238 (SCCO) (06 February 2026)

The Senior Courts Costs Office set aside a provisional assessment order after the receiving party failed to file the full points of dispute with the N258 bundle.

• Provisional assessment
• Case management powers
• Setting aside orders
• Detailed assessment
• Points of dispute
• Cpr 47.15

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Município De Mariana v BHP Group (UK) Ltd & Anor

After the Stage 1 Trial, the court ordered BHP to pay 90% of the claimants’ costs, awarded £43 million on account, granted pre-judgment interest, and refused permission to appeal.

• Strict liability
• Fault-based liability
• Limitation/prescription
• Standing/capacity
• Costs
• Interest on costs

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Public and Commercial Services Union, R (on the application of) v The Secretary of State for the Home Department (Supplementary Judgment: Costs of the Appeal)

The court held that the absence of a costs schedule does not preclude an order for costs in favour of the successful party, and that costs should be assessed in detail on the standard basis if not agreed.

Source excerpt

• Costs
• Appeals
• Summary assessment
• Detailed assessment

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