Overview

Presented by Tom Jenkinson of Erimus Chambers, this webinar will examine six recent costs decisions and their practical implications for legal practitioners. It will explore the key principles emerging from the judgments, their relevance to costs litigation and the lessons that can be applied to everyday practice.

The webinar will cover without prejudice breakdowns of costs, maximising payments on account, costs consequences following failed allegations of dishonesty, determining the successful party and making appropriate costs orders, Qualified One-Way Costs Shifting (QOCS), retainer agreements, and costs budgeting and variations.

Through a practical analysis of the cases, delegates will gain a clearer understanding of how the courts approach these issues, identify potential risks and opportunities, and adapt their procedures, advice and litigation strategies to improve costs outcomes and manage costs more effectively.

Learning Objectives

By the end of the webinar, delegates will be able to:

1. Evaluate recent costs decisions and understand their significance for costs litigation and day-to-day legal practice.
2. Assess the implications of without prejudice costs breakdowns and identify when they may be relevant to costs proceedings.
3. Identify strategies for maximising payments on account of costs, including the practical lessons arising from recent judicial decisions.
4. Understand the costs consequences of failed allegations of dishonesty and their potential impact on payments on account and costs recovery.
5. Evaluate the court’s approach to determining the successful party and making complex costs orders, including the implications of failing to use Part 36 offers effectively.
6. Understand the interaction between QOCS and retainer agreements and identify the practical considerations arising from recent case law.
7. Apply the principles governing costs budgets and variations to improve costs management and compliance with procedural requirements.
8. Implement practical changes to litigation procedures and strategy to manage costs risks, strengthen costs arguments and improve outcomes for clients.

Cases Covered

• Ian Henderson & Jonathan McPherson v Ministry of Defence [2026] EWHC 2645 (SCCO) — Without prejudice breakdowns of costs: do they matter?
• Bourlakova & Ors v The Estate of Oleg Bourlakov & Ors [2026] EWHC 2593 (BP) — How to maximise payments on account of costs.
• Winehouse v Parry & Gourlay [2026] EWHC 1970 (KB) — Payments on account of costs and failed allegations of dishonesty.
• JBX (by his mother and litigation friend DBX) v Frimley Health NHS Foundation Trust (Costs) [2026] EWHC 2525 (KB) — Who is the winner, who should be awarded costs, complex costs orders and failure to use Part 36 offers.
• David Abbott & Ors v Ministry of Defence [2026] EWHC 2083 (KB) — QOCS and retainer agreements.
• Watford v Bassey [2026] EWHC 2126 (KB) — Costs budgets and variations.