The Art of Proportionality & Costs for Litigators Live at Your Desk

Introduction

Since the introduction of the Civil Procedure Rules in 1999, proportionality has become a key principle in costs assessment, with failures often leading to significant irrecoverable costs.

This virtual classroom seminar will examine the modern approach to proportionality, including the key rules, practice directions and recent case law shaping the court’s approach. It will also provide strategies for managing costs proportionately throughout a claim, from costs budgeting to detailed assessment.

Designed for civil litigators, this live session will help practitioners maximise costs recovery while meeting increasing client and regulatory expectations for value and efficiency.

What You Will Learn

This live and interactive course will cover the following:

• The Modern Proportionality Test: An in-depth analysis of the two-stage test under CPR 44.3(2) and 44.3(5)
• Leading authorities: West v Stockport NHS Foundation Trust; Hobbs v Guy’s and St Thomas’ NHS Foundation Trust
• Costs management and proportionality: Examining the effect of approved or agreed costs budgets (Precedent H) on the ultimate proportionality assessment
• The key principles established in Harrison v University Hospitals Coventry & Warwickshire NHS Trust
• The interplay between costs budgeting and detailed assessment following Merrix v Heart of England NHS Foundation Trust
• Proportionality on detailed assessment: A practical examination of the approach adopted by Costs Judges
• The assessment process: Considering reasonableness on a line-by-line basis before undertaking a broader proportionality review
• The potential for necessary costs to be reduced on grounds of proportionality
• Leading authorities: Cohen v Fine; Dr Brian May & Anor v Secretary of State for Environment, Food and Rural Affairs
• The expanding Fixed Recoverable Costs (FRC) regime: Assessing how the extension of FRC to the Intermediate Track for claims valued between £25,000 and £100,000 reflects the rules committee’s approach to proportionality
• Part 36 offers and costs consequences: Exploring how strategic Part 36 offers can provide substantial costs protection and affect proportionality considerations
• QOCS and proportionality: An update on the Qualified One-Way Costs Shifting regime, including the 2023 amendments to CPR 44.14 and their impact on proportionate costs recovery
• ADR and costs: The costs implications of the landmark Court of Appeal decision in Churchill v Merthyr Tydfil County Borough Council and the court’s power to require parties to engage in ADR

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.