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Proportionality is now a major player when it comes to assessing costs at Provisional and Detailed Assessment. Proportionality is often raised in the majority of cases; to include complex clinical negligence and other personal injury claims where the base costs are proportionate to the level of damages recovered – in these instances it is easy to justify the costs claimed, however, how do you go about justifying the costs incurred, when the case before you is relatively simple? As a Cost Draftsman this can be an incredibly difficult task.
Following the decision in Hobbs v Guy’s and St Thomas NHS Foundation Trust  comes the case of K v K  EWHC 2002 (Fam). It is important to note that the case of K, is a family matter and that the decision is persuasive not binding.
Mr Justice MacDonald reduced the claim for costs by 90%! The old yard stick was that a receiving party could expect a reduction between 20-30%. The Judge concluded that the time spent was disproportionate to the simple legal issue raised.
Lessons to be learnt:
Rebecca Whitworth – Senior Costs Manager
THE JFS COSTS TEAM ARE HERE TO HELP – DO NOT HESITATE TO CALL US ON 08456 537 529 FOR ADVICE ON PROPORTIONALITY OR ANY OTHER LEGAL COSTS ISSUES OR EMAIL REBECCA AT: firstname.lastname@example.org