Legal Updates
The latest costs case law and practice developments affecting legal costs in England and Wales.
Latest costs case notes
Case analysis from Mackenzie Costs, the regulated costs practice behind this platform.
Ward v Rai: Late Points of Dispute and the Costs Judge's Discretion [2026] EWCA Civ 816
In Ward v Rai, the Court of Appeal in 2026 considered whether a Costs Judge had been entitled to preserve a defective point of dispute and admit a late schedule during detailed assessment, rather than strike out the challenge. The decision in [2026] EWCA Civ 816 confirms both the specificity required by Practice Direction 47 and the breadth of the first instance court's case management discretion.
Read the full noteEvans v Fletchers Solicitors: Success Fee Disallowed for Failure to Investigate BTE Insurance [2026] EWHC 1523 (SCCO)
On a section 70 Solicitors Act assessment the SCCO disallowed a success fee of £30,365.13 in full, because the solicitor failed to make reasonable enquiries into the client's pre-existing BTE legal expenses insurance before signing him to a CFA.
Read the full noteO'Sullivan v Trading 212: £500,000 of Costs on a £5,000 Claim and Departing from the Budget [2026] EWCC 32
A claim worth a few thousand pounds generated over £500,000 in costs. The County Court found good reason under CPR 3.18 to depart downward from the defendant's approved budget and cut City hourly rates on proportionality grounds.
Read the full noteMagomedov v Rabinovich [2026] EWHC 962 (SCCO): No Jurisdiction in the SCCO to Order Security for Costs of the Detailed Assessment Hearing
In the first reported decision of its kind, the Senior Courts Costs Office held that it has no jurisdiction under CPR 25 to order security for the costs of an inter partes detailed assessment hearing, and gave practical guidance on what such an assessment ought reasonably to cost.
Read the full noteSpicer v Greene King: 25% CFA Cap Is Not a Tariff [2026] EWCC 18
Spicer v Greene King confirms that the 25% CFA success fee cap is a maximum, not a tariff. District Judge Lumb reduced the success fee sought from a child's damages from £2,500 to £330 plus VAT and disallowed the ATE premium.
Read the full noteCPRC Resolves to Delete CPR 3.16(2) and Refers Attersley to Lacuna Sub-Committee
The Civil Procedure Rule Committee has resolved to delete CPR 3.16(2), which required costs management conferences to be conducted by telephone or in writing, as unduly restrictive and outdated.
Read the full noteMaidens v Building Supplies Distribution Ltd: Interim Applications in Provisional Assessment [2026] EWCC 25
The court retained jurisdiction to hear procedural applications before provisional assessment, but dismissed an attempt to determine Ainsworth points separately from the streamlined paper process.
Read the full noteBrandalised v Banksy: Indemnity Costs for Litigation Deployed as Leverage [2026] EWHC 795 (KB)
Nicklin J orders indemnity costs against Brandalised after finding defamation proceedings against Banksy were pursued as leverage exploiting his anonymity, but refuses non-party costs order against sole director.
Read the full noteMazur v Charles Russell Speechlys LLP: Supervised Delegation Is Lawful [2026] EWCA Civ 369
The Court of Appeal held that unauthorised staff may perform delegated litigation tasks where an authorised individual retains genuine responsibility and proper supervision and control.
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