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“Hindsight” remains inappropriate test for award of Indemnity Costs

“Hindsight” remains inappropriate test for award of Indemnity Costs The doctrine that hindsight is an inappropriate test to apply when determining any issue is one that has long been held in high regard by the courts. Indeed, it is as far back as the matters of Francis v Francis andDickerson [1956] P 1887 and Argyll (Duchess) v Beuselink [1972] 2 Lloyd’s Rep 172, in the latter of which Megarry J noted “In this world there are few things that could not have been better done if done with hindsight. The advantages of hindsight include the benefit of having a sufficient indication of which of the many factors present are important and which are unimportant. But hindsight is no touchstone [of neg

New Format Electronic Bill of Costs – 6 April 2018 is set as “E”-day

The writer has, previously, reported on the progress (or lack of) the much lauded new format of Bill of Costs. The new format, which will see Bills becoming wholly electronic, has it is perhaps fair to say, been both applauded and criticised in equal measure by the profession as a whole, and there has been considerable impatience across the board either for it to be implemented or buried, rather than suffer the painful and embarrassing public death that, at one time, it looked like it would be subjected to. It is therefore with a not inconsiderable degree of relief (and perhaps an equal measure of caution) that we are able to report that both the Senior Costs Judge, Master Gordon-Saker, and

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