Practice Direction 27A and its application to financial proceedings – 3PB
‘The courts are increasingly referring to PD 27A and the necessity for compliance.’
3PB, 26th February 2021
Source: www.3pb.co.uk
Category: costs
Court of Appeal upholds rejection of CAAD appeal but rules Upper Tribunal did not have power to make costs order – Local Government Lawyer
‘The Upper Tribunal did not have the power to make a costs order in a dispute over a certificate of appropriate alternative development (CAAD), the Court of Appeal has found.’
Local Government Lawyer, 25th February 2021
Source: www.localgovernmentlawyer.co.uk
£1m cost of advertising for claimants is not recoverable, judge rules – Law Society’s Gazette
‘Lawyers leading group litigation against British Airways have been told they cannot expect the defendant to pay the £1m costs of advertising for claimants if the action succeeds.’
Law Society's Gazette, 8th February 2021
Source: www.lawgazette.co.uk
Court rules lawyers’ £1m advertising costs are not recoverable – Law Society’s Gazette
‘Lawyers leading group litigation against British Airways have been told they cannot expect the defendant to pay the £1m costs of advertising for claimants if the action succeeds.’
Law Society's Gazette, 8th February 2021
Source: www.lawgazette.co.uk
‘Vulnerability’ added to overriding objective and costs rules – Litigation Futures
‘Taking account of the vulnerability of parties and witnesses is to be added to the overriding objective as well as the factors used to determine the proportionality of costs.’
Litigation Futures, February 2021
Source: www.litigationfutures.com
Case Preview: Protect Rural England (Kent) v Secretary of State for Communities and Local Government – UKSC Blog
‘On 28 January 2021 the Supreme Court will hear the appeal in Campaign to Protect Rural England (Kent) (Appellant) v. Secretary of State for Communities and Local Government (Respondent). The case concerns two issues. First, the extent to which a court can make an adverse costs order in favour of more than one defendant or interested party in a planning case, where permission to apply for statutory or judicial review is refused. Second, how the capping mechanism in the Aarhus Convention costs regime properly applies to cases in which permission is refused.’
UKSC Blog, 27th January 2021
Source: ukscblog.com
Supreme Court to consider costs orders against regulators – Legal Futures
‘The Supreme Court is to consider whether costs should only be awarded against regulators in unsuccessful cases where there is good reason to make an order, it announced today [27 January].’
Legal Futures, 27th January 2021
Source: www.legalfutures.co.uk
Solicitor fined for failing to disclose counsel’s opinions to ATE insurer – Litigation Futures
‘An experienced solicitor who failed to disclose two counsel’s opinions on a case to an after-the-event (ATE) insurer, one of them assessing chances of success at less than 50%, has been fined £8,000.’
Litigation Futures, 27th January 2021
Source: www.litigationfutures.com
Senior Courts Costs Office Guide – the 2021 version is now available – Courts and Tribunals Judiciary
‘The latest version of the Senior Courts Costs Office Guide has been published.
This 2021 update hasn’t changed extensively from when it was last published in 2018, but reflects some fundamental changes in practice which occurred before COVID-19 and which have been increased as a result of it.’
Courts and Tribunals Judiciary, 25th January 2021
Source: www.judiciary.uk
One day late acceptance of part 36 offer puts costs in play – Legal Futures
‘An automatic entitlement to costs under part 36 only arises if the offer is accepted within the “relevant period”, the High Court has ruled.’
Legal Futures, 21st January 2021
Source: www.litigationfutures.com
Another SRA prosecution fails but regulator avoids costs order – Legal Futures
The Solicitors Regulation Authority (SRA) was justified in prosecuting two law firm partners even though all of the allegations were dismissed, a tribunal has ruled.
Legal Futures, 21st January 2021
Source: www.legalfutures.co.uk
Court of Appeal rules on whether VAT is payable on top of caps on costs in Aarhus Convention claims – Local Government Lawyer
‘The caps set out in the Civil Procedure Rules on the costs payable by losing parties in Aarhus Convention claims are inclusive of VAT, the Court of Appeal has ruled as part of the third Heathrow runway litigation.’
Local Government Lawyer, 13th January 2021
Source: www.localgovernmentlawyer.co.uk
Court denies relief for costs default during first lockdown – Law Society’s Gazette
‘A litigant in a personal injury claim has been penalised for not contesting a costs bill within the allotted time, despite his representatives pleading that their work was affected by the first lockdown.’
Law Society's Gazette, 5th January 2021
Source: www.lawgazette.co.uk
Cost Budgets: Not Necessarily for Life, Maybe Just For Christmas – CPR Rule 3.15A – Becket Chambers
‘The Covid-19 pandemic has dominated the legal landscape throughout 2020 with many changes being made to the way professionals work as well as the rules they are subject to. There have been many amendments and additions made to the Civil Procedure Rules as a result of the pandemic, however they are not the only such changes that have been made.’
Becket Chambers, 3rd December 2020
Source: becket-chambers.co.uk
New Judgment: R (on the application of Gourlay) v Parole Board [2020] UKSC 50 – UKSC Blog
‘The Supreme Court has unanimously dismissed this appeal concerning the role of the Court in relation to the principles governing the award of costs in lower courts.’
UKSC Blog, 4th December 2020
Source: ukscblog.com
Increase guideline hourly rates by 35% pending CJC review, judge says – Litigation Futures
‘The guideline hourly rates (GHR) should be increased to take account of inflation while they are being reviewed, meaning an increase of 35%, the High Court ruled this week.’
Litigation Futures, 3rd December 2020
Source: www.litigationfutures.com
131: Deputyship Orders in the Court of Protection – Amelia Walker – Law Pod UK
‘Earlier this year Hilder J considered the question of whether a deputy can recover their costs from the protected person’s assets when they have instructed a legal firm with which they are associated. Amelia Walker discusses this judgment, which also outlines the limits of a deputy’s authority, with Rosalind English.’
Law Pod UK, 30th November 2020
Source: audioboom.com
