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Application of the principles of proportionality (Malmsten v Bohinc)

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Published on: 12 June 2019

Published by a LexisNexis Dispute Resolution expert

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What are the practical implications of this case?
What was the background?
What did the court decide?
Case details

Article summary

Dispute Resolution analysis: The High Court allowed an appeal in part against an order for costs made following detailed assessment. The judgment helpfully sets out the approach on summary and detailed assessment and on an appeal and serves as a useful reminder to practitioners of the principles which apply. The court found that the costs judge had failed to give effect to the costs orders by including costs which were outside its scope and had focused too much on the conduct of the paying party (CPR 44.3(5)(d)) when assessing the proportionality of the costs claimed. The appellate court conducted its own assessment and reduced the costs awarded by nearly seventy per cent. In all other respects the appeal was unsuccessful. Written by Imran Benson, barrister at Hailsham Chambers, who represented the successful appellants.

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