header-logo header-logo

All clear as May v Wavell costs overturned?

18 January 2018 / Dominic Regan
Issue: 7779 / Categories: Features , Procedure & practice , Costs
printer mail-detail
nlj_7779_regan

Dominic Regan questions why (five years on) the new proportionality test can still be a mystery

Just published is the appellate decision of Judge Dight, assisted by Master Whalan, in the case of May v Wavell. The claimant has doubled his recoverable costs, overturning the award made by Master Rowley in June 2016 and reported at [2016] EWHC B16 (Costs).

‘The proportionality Rules now guide every detailed or summary assessment of costs on the standard basis. It will no longer be possible for successful parties to recover the absurd levels of costs which previously caused disquiet.’ So said Sir Rupert Jackson in his 2016 book, The Reform of Civil Litigation, at paragraph 3-044.

If only things were so straightforward. Nearly five years on from the introduction of the new proportionality test, we are none the wiser as to its proper application.

The black letter of the law provides, at CPR 44.3 (5), that costs incurred are

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll