Updates & Insights: The Latest from Denovo Legal Costs Experts
Manta Penyez Shipping Inc v Zuhoor Alsaeed Foodstuff Company involved a dispute over breaches of jurisdictional agreements. The claimants sought to restrain the defendant from pursuing three sets of legal proceedings in Yemen, which violated the parties’ contractual agreements governed by English law.
Granting interim mandatory anti-suit injunctions, the court emphasised the importance of upholding jurisdictional agreements, which it readily underscored with award of indemnity costs.
Judge Barber’s recent judgment addresses two issues that commonly surface on summary assessment of application costs: 1. the appropriateness of hourly rates charged by solicitors, and 2. the form and substance to be expected of an application to defer the payment of summarily assessed costs.
The claims concern an alleged cartel between a number of Brazilian companies that produce orange juice. The Claimants are orange farmers, domiciled in Brazil; they allege that antitrust infringements have restricted competition in markets in Brazil.
The judgment - Flavio de Carvalho Pinto Viegas & Ors v José Luis Cutrale & Ors [2024] EWHC 2778 (Comm) - concerns to a contested application for the trial of a limitation issue as preliminary issue. The hearing took place on 22 October 2024 before HHJ Pelling KC.
Ms dos Santos, an entrepreneur and former director of Unitel, appealed against a £.5 billion Worldwide Freezing Order (WFO) imposed by the High Court, as well as the order for costs of the application made in favour of Unitel.
For those who may have missed this The Civil Justice Council (CJC) recently published its interim report on third-party litigation funding (TPF) as part of an ongoing review aimed at making civil justice more accessible, fair, and balanced. The report, released last month, is part of a broader initiative requested by the Lord Chancellor and reflects the growing role of TPF in the justice system.
The note provides clear directions on how such hearings should be conducted before the Masters in the division. The primary aim of this note is to streamline the cost management process, ensuring that it is conducted efficiently, fairly, and in a way that serves the interests of justice.
Link below:https://www.judiciary.uk/wp-content/uploads/2023/06/14.457_JO_Kings_Bench_Division_Guide_2024_WEB.pdf
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Education/admissions
Afqar is involved in the firm's diversity initiatives and a keen advocate for social mobility and opportunities for all.
Afqar was amongst the first in our profession become a regulated Costs Lawyer. He enjoys rights of audience in relation all costs proceedings.
Afqar is also an accredited training provider.
Experience and notable cases
Kuwait Airways Corporation (KAC) –v- Iraqi Airways Company (IAC) – Following the longest running commercial case in the history of the English courts I prepared KAC’s massive costs claim, one the largest ever to reach the doors of the Senior Courts Costs Office. Legal costs claim of >£40M.
Pharma patent litigation – I was instructed by a leading global law firm on behalf of the successful parties in patent infringement and revocation proceedings involving some of the world’s largest pharmaceutical companies. Legal costs claim of >£5M.
Telecoms patent litigation – I was instructed by a top tier specialist firm of patent litigators to prepare various complex costs statements following trials and appeals involving some of the world’s largest technology corporations. Legal costs claim of >£10M.
High-profile costs claim following failed £100M civil recovery proceedings – instructed by a market leading international litigation team acting for a foreign citizen whose worldwide assets were subject of a civil recovery claim brought by the National Crime Agency (NCA). My team and I prepared a number of high value interrelated claims for costs on behalf of the successful party . Legal costs claim of >£5M.
Excalibur Ventures v Texas Keystone – The case generated several decisions of wider importance in the legal costs field (relating to security for costs, indemnity costs, and the availability of a non-party costs order against professional funders – a point on which the Association of Litigation Funders also intervened). I prepared the successful party's costs breakdowns and provided witness statements in support of its security for costs applications. Following the conclusion of the substantive litigation I prepared the defendant’s £20M> costs breakdown.
Challenge to remuneration and expenses of joint administrators – instructed by a market leading international litigation team: I was instructed to prepare a detailed challenge to the charges of a global financial consultancy and their advisers (including two high-profile international law firms), in connection with the administration of a UK energy supplier. The application for assessment of fees and expenses of >£5M under the Insolvency Act 1986 was the first significant challenge of its kind in 20 years.
Education
LLB (Hons) – University of London (1994)
LLM (Distinction) – University of East Anglia (2018)
PhD (law) - University of East Anglia (2024)
Professional and research interests: Costs law and practice, litigation funding, responsibility theory, vicarious liability, products liability, litigation practice, philosophical foundations of tort law. My doctoral thesis examined relationships between (pre-moral, pre-legal) outcome responsibility and strict tortious obligations of repair. Time permitting, future research output will address aspects of costs law and practice, third party litigation funding, as well as approaches to responsibility for harm caused by intelligent products (for ‘algorithmic accidents’).