James Miller

Ena Aminu-Edu v Esure (8/3/2024)

After hearing submissions over 3 hearings in relation to the contentious issue of medical agency fees, His Honour Judge Saggerson ordered that the Claimant must provide a breakdown of a Pain Management Report fee claimed in the sum of £2916, failing which it would be assessed at £900.

B v MT (6/2/2024)

3-day detailed assessment before a Regional Costs Judge, which concerned an alleged breach of the indemnity principle and application for wasted costs.

G v G (13/12/2023)

Represented the Applicant at a family hearing before HHJ McKinnell to determine the principle and quantum of costs following allegations of “reprehensible and unreasonable behaviour”.

R v SOSHD (15/6/2023 SCCO)

2-day detailed assessment hearing before Deputy Costs Judge Lambert KC following the Claimant’s successful Judicial Review claim.

Higgins v Esure (14/6/2023)

A Regional Costs Judged significantly reduced the costs claimed for a “Spinal Surgeon” Report in a fixed costs case.  The judge accepted a technical argument that the discipline of orthopaedics and pre-October 2023 CPR 45.29 (2A)(b)(i) allowance of £420 applied.

AD v B (24/5/2023)

High Court appeal before Mr Justice Richie, dealing with the issue as to whether previous interim costs orders for costs fell outside the scope of a Costs Management Order.

Gohil v Advantage Insurance (11/5/2023)

Although the Claimant had beaten its own offer for fixed costs by 7 pence, the judge determined that it would be “unjust” for the Claimant to recover any Part 36 additional sums arising from such a narrow victory.

Michael Glaser KC (1) & Victoria Miller v Atay (10/5/2023)

Led by Ms Jacqueline Perry KC.  Instructed to prepare a detailed advice covering: the court’s discretion on costs, misconduct, wasted costs, the application of Part 36 and Litigant In Person costs.  Although not involved in the Defendant’s successful appeal against the substantive judgment ([2023] EWHC 2529 (KB), I was well versed on the issues relevant to the ancillary costs hearing.

JR v DOH (18/4/2023 SCCO)

3-day detailed assessment before Costs Judge Nagalingam following a birth injury claim, which settled for £2.4million plus periodical periods.  The bill totalling £328,553.53 was subject to several challenges including mis-certification and budget overspend.

E v R Solicitors (9/2/2023 SCCO)

Solicitor-client detailed assessment hearing before Costs Judge Nagalingam, which dealt with the Claimant’s non-EU VAT status and allegations that the solicitors failed to provide adequate funding information and costs estimates throughout.

Battersby v Esure (12/1/2023)

Successful appeal before His Honour Judge Carter concerning the proper interpretation of “subject to detailed assessment if not agreed” and the law of compromise.

Trzop v Watkins (9/11/2022)

The Claimant sought to overturn the decision to award the Defendant its costs of the successful application with a substituted order for “no order as to costs”.  On appeal, Her Honour Judge Bloom refused to disturb the order.

D v O Solicitors (27/9/2022 SCCO)

Solicitor-client detailed assessment before Costs Judge James, which concerned issues of procedure, informed consent and overcharging.

Osusuza v Madeira (5/9/2022)

The Defendant accepted an offer late after the pandemic and there had been several adjournments.  I successfully opposed the Claimant’s additional claim for costs, which were not deemed to constitute “exceptional circumstances” in such circumstances.

Lally v Butler (28/7/2022)

The Defendant successfully appealed a costs order made in favour of the Claimant after his solicitors unreasonably exited the Portal after an interim payment request.  On appeal, His Honour Judge Bird determined that an oft-cited decision from 2015 in Luvin v Ageas Insurance Ltd was wrongly decided following the incorrect interpretation of the Protocol.

SRJ v AI (6/1/2022)

Costs Officer Leonard (SCCO) determined that a 100% Part 36 offer to the value of the claim was invalid and the Claimant was not entitled to CPR 36.17(4) consequences.

Jiminez v Esure [2021] EWHC B15

Important case determined by Deputy Master Friston on the validity of a Part 36 offer and interpretation of the Protocol.

R v A (19/11/2019)

His Honour Judge Gosnall awarded the Claimant more than £100,000 in damages and costs after a four-day tort of deceit trial.

N v N (19/6/2018)

In an Estate Claim, Her Honour Judge Truman determined that the Claimant’s failure to engage in mediation was a key factor to be considered when assessing the level of costs.