Costs Updates

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1. In Gray v Toner HHJ Stewart QC found that interest on costs should be recoverable not from the date of Judgment but rather only from the date of Detailed Assessment.
   
   The case is already being widely quoted by Defendants.  Originally I understand that an Appeal had been lodged against the decision but that the Appeal has been discontinued.  I also understand that in Birdie v Ikhlas a similar view was taken as to when interest on costs should run from. 
   
   There are likely to be considerable arguments about this and Claimants may be able to cite two SCCO Judgments, Bollito [2009] EWHC 90136 (Costs) and Hanley [2009] EWHC 90144 (Costs) together with Crema v Cenkos Securities Plc [2011] EWCA Civ 10. 
   
   It should be noted however that both Bollito and Hanley were considered by HHJ Stewart and that Crema may be distinguished as it related to an award for "penalty interest" arising out of Part 36.
2. In Higgins v MOD [2010] 6 Costs LR 867 the Court found that it was reasonable for the Claimant to have instructed central London Solicitors despite the fact that the hourly rates for Solicitors in Kent where the Claimant lived would have been much lower. 

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Andrew Neat

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