‘Litigators should know how much any case is going to cost before they even begin the process of budgeting, Sir Colin Birss, the deputy head of civil justice, has argued.’
Legal Futures, 18th April 2023
Source: www.legalfutures.co.uk
‘In what is becoming something of a pattern, the Rules committee have come along to clear up the anomaly resulting from the decisions in the Appellate courts, this time in Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654; [2018] 1 WLR 6137 and Ho v Adelekun [2021] UKSC 43; [2021] 1 WLR 5132.’
Gatehouse Chambers, 16th March 2023
Source: gatehouselaw.co.uk
‘In Pisante v Logothetis [2022] EWHC 2575 (Comm), Baker J had to consider whether to make an order for indemnity costs following a successful US$6.5m fraud action.’
Littleton Chambers, 7th March 2023
Source: littletonchambers.com
‘This blog by Dan Tobin examines the Court of Appeal decision in TRX v Southampton Football Club [2022] EWHC 3392 (KB).’
Costs Litigation Blog, 10th March 2023
Source: costsandlitigationfunding.com
‘In Excalibur & Keswick Groundworks Ltd v McDonald [2023] EWCA Civ 18, the Court of Appeal has confirmed the difficulty of removing QOCS protection from a claimant who discontinues at the last moment. This follows previous decisions in the same spirit, such as Mabb v English [2017] EWHC 3616 (QB).’
3PB, March 2023
Source: www.3pb.co.uk
‘It is a frustrating scenario which will be familiar to many defendant personal injury practitioners. A claimant moments before a trial begins, decides to file a notice to discontinue. The defendant, who has spent years building the defence at significant cost and expense, is unable to recover its legal costs because the claimant is protected under the Qualified One Way Costs Shifting (“QOCS”) regime. Is a defendant able to set aside this notice of discontinuance on the basis that the Claimant’s last-minute conduct has “obstructed the just disposal of proceedings” and thereby remove QOCS protection under CPR 44.15(c)? This issue came before the Court of Appeal in the recent case of Excalibur and Keswick Groundworks Limited v Keswick [2023] EWCA Civ 18.’
39 Essex Chambers, 29th March 2023
Source: www.39essex.com
‘Currently set off of a defendant’s costs against a claimant’s costs is precluded where it exceeds the monetary cap reflecting the total of any orders for damages and interest made in a claimant’s favour (Ho v Adelekun [2021] UKSC 43). Moreover, a defendant can only enforce their costs against damages and interest ordered in a claimant’s favour, i.e. not against a settlement made in the claimant’s favour (Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654).’
3PB, March 2023
Source: www.3pb.co.uk
‘Katie Gray discusses the Court of Appeal decision in Power & Kyson v Shah [2023] EWCA Civ 239 and the impact it has on the Party Wall Act 1996.’
Tanfield Chambers, 24th March 2023
Source: www.tanfieldchambers.co.uk
‘UK ministers have tightened up sanctions rules to avoid a repeat of a recent controversy in which lawyers acting for the head of the Wagner group obtained an exemption from curbs to sue a British journalist.’
The Guardian, 30th March 2023
Source: www.theguardian.com
‘Ministers will push ahead with plans to abolish a key piece of press regulation law, unpicking one of the main recommendations of the Leveson inquiry into the culture of the British newspaper industry.’
The Guardian, 28th March 2023
Source: www.theguardian.com
‘Harlow District Council has lost on all grounds in an attempt at the High Court to overturn a costs award made against it in a dispute over compulsory purchase.’
Local Government Lawyer, 23rd March 2023
Source: www.localgovernmentlawyer.co.uk
‘A family court judge has described a case where the two parties racked up costs of £5.5m as “one of the most shameless pieces of litigation” he has ever seen.’
Legal Futures, 20th March 2023
Source: www.legalfutures.co.uk
‘A claimant’s 90/10 liability offer went against both the letter and spirit of civil procedure rules on Part 36, a High Court judge has ruled.’
Law Society's Gazette, 16th March 2023
Source: www.lawgazette.co.uk
‘The Law Society has pulled together figures from law firms, technology and business – as well as the former Senior President of Tribunals – to support a project looking at how the justice system can be made “fit for the future”.’
Legal Futures, 14th March 2023
Source: www.legalfutures.co.uk
‘A single mother and domestic abuse survivor is taking the Ministry of Justice to court this week after being refused legal aid because she was deemed to have no dependents, even though she had applied for the funding to enforce a child custody arrangement.’
The Guardian, 6th March 2023
Source: www.theguardian.com
‘A rare sitting of the Election Court has agreed to withdraw a petition for a council election to be declared void after receiving “conclusive evidence” that the petitioner handed packets of dates to potential voters.’
Law Society's Gazette, 28th February 2023
Source: www.lawgazette.co.uk
‘The High Court has allowed a will beneficiary to challenge a costs bill which rose significantly from its original estimate.’
Law Society’s Gazette, 10th February 2023
Source: www.lawgazette.co.uk
‘A landlord who put three flats into the basement of one of his properties in Camberwell has been ordered to pay more than £52,000 in illegal gains, fines and costs.’
Local Government Lawyer, 30th January 2023
Source: www.localgovernmentlawyer.co.uk
‘A claimant who discontinued his personal injury case on the morning of trial should still be entitled to costs protection, the Court of Appeal has ruled.’
Law Society’s Gazette, 18th January 2023
Source: www.lawgazette.co.uk
‘The Solicitors Regulation Authority (SRA) has been sanctioned in costs after prematurely stating on its website that it had banned a former trainee solicitor from working for law firms.’
Legal Futures, 16th January 2023
Source: www.legalfutures.co.uk
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