Expert e-wire
  Sign me up!  
  Have your say!  

Not logged in
  Log in now  

Join up!
Benefits for experts
Application form
Apply online

Benefits for lawyers

Did we help?
  Feedback   
  Tell a friend   
  Contact us...   

Professional Indemnity Insurance for Expert Witnesses
Top quality
PI Insurance cover
at market-beating prices

Little Books
The Little Books
We have learnt the lessons from the mistakes of others, now you can learn them too!

Expert Witness
Year Book
The Expert Witness Year Book
Slip one in your bag, and you can be the expert with the facts at your fingertips!
  Proportionate costs recoverability

Don’t be a victim – shore up your terms of engagement now

Only costs proportionate to the matters in issue will be allowed. Proportionality will be measured by comparison with:

  • the sums in issue in the proceedings
  • the value of any non-monetary relief
  • the complexity of the litigation
  • any additional work caused by the conduct of the paying party, and
  • any other relevant factors, such as public importance.

Costs considered to be disproportionate in amount may be disallowed or reduced, even if they were reasonably or necessarily incurred (CPR 44.3(2)(a)). (See also PD 44.6.) Where there is doubt about whether costs are reasonable and proportionate, the uncertainty will be resolved in favour of the paying party (CPR 44.3(2)(b)). This enhanced ability of the court to disallow or reduce recoverable costs may well be a source of friction between experts and those who instruct them. But prudent experts will have pre-empted this potential upset in their terms of engagement.

[These provisions will only apply to costs assessed on the standard basis, which accounts for the vast bulk of all costs orders that are made. Costs assessed on an indemnity basis are not required to satisfy the test for proportionality because there is a presumption of proportionality in favour of the receiving party (CPR 44.3(3)).]

Valued this article? or

 

 

 
Issue 80
October 2013

Case management control of exert evidence
Costs budgets and expert witnesses
Proportionate costs recoverability
Hot-tubbing


Current issue
November 2017

A witness summons too far
Handling a potential conflict of interest
Joint and several liability
Conference news
Not logged in -  Log in now