‘A High Court judge was wrong to order a defendant to make a £1m security for costs payment – almost the sum the claimant was seeking – to rely on a witness statement it had served late, the Court of Appeal has ruled.’
Litigation Futures, 18th February 2019
Source: www.litigationfutures.com
‘The work done by pioneering law firm Bott & Co in bringing uncontested flight delay claims does not amount to litigation services and so it cannot claim an equitable lien over the damages for its costs, the Court of Appeal has ruled.’
Litigation Futures, 13th February 2019
Source: www.litigationfutures.com
‘Companies in liquidation can theoretically refer claims to an adjudicator under construction law but it would be a futile exercise as the decision could not be enforced in most cases, the Court of Appeal in England has ruled.’
OUT-LAW.com, 4th February 2019
Source: www.out-law.com
‘It was only published at the end of last week, so I’m not sure if you’ve had chance to look at Coulson LJ’s judgment in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, Cannon Corporate Ltd v Primus Build Ltd. If not, then you should. It contains some important stuff about liquidation and CVAs, and when it is appropriate (and possible) to adjudicate if the referring party is subject to one of those processes.’
Practical Law: Construction Blog, 30th January 2019
‘A circuit judge was wrong not to make an unless order against a claimant who failed to pay the costs of a preliminary hearing, the High Court has ruled.’
Litigation Futures, 5th January 2019
Source: www.litigationfutures.com
‘Conduct issues that could have been dealt with at trial cannot be revisited during detailed assessment, the author of Friston on Costs, sitting in the Senior Courts Costs Office, has ruled.’
Litigation Futures, 31st January 2019
Source: www.litigationfutures.com
‘Landlords would not be able to recover their legal costs from leaseholders unsuccessfully making ‘right-to-manage’ claims under proposals published by the Law Commission today. The aim is to simplify the process under which leaseholders take over day-to-day responsibility for properties – and to discourage landlords from retaining ‘expensive’ lawyers to fight such claims.’
Law Society's Gazette, 28th January 2019
Source: www.lawgazette.co.uk
‘In Bennett v Chief Constable of Merseyside [2018] EWHC 3591 (Admin), the High Court confirmed that a district judge was correct to make no order for costs against the police after it withdrew its Proceeds of Crime Act 2002 (‘POCA’) s.298 application for cash forfeiture. In considering the decision of the district judge, the High Court reaffirmed three points: the starting point is that no order for costs should be made provided that the public authority has acted reasonably and properly; in determining whether the police acted reasonably and properly, the court should scrutinise the behaviour of the police with care; and it may be justifiable to award costs against the police, particularly where the successful private party would suffer substantial hardship if no order for costs were made in their favour.’
UK Police Law Blog, 27th January 2019
Source: ukpolicelawblog.com
‘A woman who claimed on Facebook that her ex-husband tried to strangle her is set to fight a judge’s ruling that she is guilty of defamation because he wasn’t trying to kill her. Nicola Stocker, 51, will argue before the Supreme Court that she had used common language to describe the attack by her millionaire ex-husband, for which he was arrested, when talking to his new lover.’
Daily Telegraph, 23rd January 2019
Source: www.telegraph.co.uk
‘The highly contentious Leigh Day disciplinary case has come to an end with the Solicitors Regulation Authority (SRA) paying the firm £1m in costs after the regulator’s unsuccessful appeal.’
Legal Futures, 17th January 2019
Source: www.legalfutures.co.uk
‘The High Court has taken the proactive step of capping the costs of a litigant before they pursue an appeal through the Supreme Court. Mr Justice Arnold said the claimant in Airways Pension Scheme Trustee Ltd v Fielder & Anor should be limited to the same costs as the defendant – in doing so shaving around £200,000 from the costs estimate.’
Law Society's Gazette, 16th January 2019
Source: www.lawgazette.co.uk
‘A PI claimant who had applied for re-allocation from the fast track to the multi-track – only for the defendant to settle before it reached that stage – will be allowed to recover assessed rather than fixed costs, a court has ruled.’
Law Society's Gazette, 14th January 2018
Source: www.lawgazette.co.uk
‘The insurer of a negligent Italian law firm operating in London has been ordered to pay £3m in costs to the victims after the lawyers failed to pay up.’
Legal Futures, 14th January 2018
Source: www.legalfutures.co.uk
‘Court costs will be capped at £80,000 should parties opt into a pilot that gets underway in the business and property courts (BPCs) in England next week, the Ministry of Justice (MoJ) has confirmed.’
OUT-LAW.com, 10th January 2019
Source: www.out-law.com
‘The Court of Appeal has refused permission to appeal a High Court decision that found a claimant was entitled to issue his claim solely in pursuit of costs.’
Litigation Futures, 9th January 2019
Source: www.litigationfutures.com
‘The breakdown of the £80,000 in fees that solicitors will be able to claim under the voluntary capped costs pilot for certain Business and Property Courts cases valued up to £250,000 has been published.’
Litigation Futures, 8th January 2019
Source: www.litigationfutures.com
‘The consequences of beating a part 36 offer are “severable” and each should be assessed against the test of whether it would be unjust to award them, a judge has ruled.’
Litigation Futures, 2nd January 2019
Source: www.litigationfutures.com
© Inner Temple Library 2019