The Art of Proportionality & Costs for Litigators

Introduction

Since the introduction of the Civil Procedure Rules in 1999, the principle of proportionality has served as a critical balancing force in costs assessment. In today’s legal landscape, failure to navigate this principle effectively can lead to significant, and often irrecoverable, costs at assessment.

This essential webinar is crafted to provide litigators with a clear and practical understanding of the modern approach to proportionality. It will dissect the key rules, practice directions, and influential case law that define the court's application of the proportionality test.

The webinar will focus on significant recent judgments and provide actionable strategies to manage costs proportionately from the outset of a claim by adopting management strategies, especially in multi-track cases through the costs budgeting process, and at detailed assessment.

This webinar is designed for all civil litigators who are seeking to master the art of running cases proportionately and maximising costs recovery in a stringent regulatory environment, as well as the pressure from clients to provide value for money.

What You Will Learn

This webinar will cover the following:

• The Modern Proportionality Test - A detailed breakdown of the two-stage test under CPR 44.3(2) and 44.3(5)
• Key cases: West v Stockport NHS Foundation Trust; Hobbs v Guy’s and St Thomas’ NHS Foundation Trust
• Costs management and proportionality - Understanding how an approved or agreed costs budget (Precedent H) impacts the final proportionality assessment
• The principle from Harrison v University Hospitals Coventry & Warwickshire NHS Trust
• The relationship between the budget and detailed assessment post-Merrix v Heart of England NHS Foundation Trust
• Proportionality at detailed assessment - A practical look at how the test is applied by Costs Judges
• The process - A line-by-line assessment of reasonableness followed by a global assessment of proportionality
• The risk of necessary costs being disallowed on proportionality grounds
• Key cases: Cohen v Fine; Dr Brian May & Anor v The Secretary of State for Environment, Food and Rural Affairs
• The Expanding Fixed Recoverable Costs (FRC) Regime - How the extension of FRC to the Intermediate Track (for most claims valued between £25,000 and £100,000) represents the ultimate application of proportionality by the rules committee
• Part 36 offers & costs consequences - How making and accepting tactical Part 36 offers can provide significant costs protection and influence the proportionality assessment
• QOCS and proportionality - A brief update on the Qualified One-Way Costs Shifting regime, including the 2023 amendments to CPR 44.14, and its interaction with 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 compel parties to engage in ADR
• Practical case management steps to achieve proportionality

This pre-recorded webinar will be available to view from Friday 9th January 2026

Alternatively, you can gain access to this webinar and 1,900+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.