Costs Orders and Experts – Family Law Week
‘Nisha Bambhra, barrister at Garden Court Chambers, considers the implications for expert witnesses who fail to comply with court orders.’
Family Law Week, 11th July 2019
Source: www.familylawweek.co.uk
Category: costs
Solicitor in four year wheelie bin row with doctor is cleared of harassment – Daily Telegraph
‘A solicitor who engaged in a four-year row over a wheelie bin has been cleared of harassing his doctor neighbour after a judge ruled he was entitled to protect his property.’
Daily Telegraph, 15th July 2019
Source: www.telegraph.co.uk
Costs award overturned after judge read ‘without prejudice’ letters – Litigation Futures
‘A judge was wrong to make a costs order after viewing ‘without prejudice’ material relating to settlement discussions that was not marked “save as to costs”, the Employment Appeal Tribunal (EAT) has ruled.’
Litigation Futures, 9th July 2019
Source: www.litigationfutures.com
Free speech victory or charter for higher costs? – Law Society’s Gazette
‘The Supreme Court’s recent clarification of the ‘serious harm’ threshold for defamation claims has been welcomed by newspapers as a victory for free speech. In fact, it is more likely to mean escalating costs and uncertainty for claimants and defendants alike.’
Law Society's Gazette, 8th July 2019
Source: www.lawgazette.co.uk
CA recognises importance of solicitors’ cash flow in med neg cases – Litigation Futures
‘The Court of Appeal has recognised the cash flow pressures of funding complex litigation in rejecting an application to appeal a ruling granting a law firm an interim costs payment.’
Litigation Futures, 3rd July 2019
Source: www.litigationfutures.com
Costs awarded against council after failed ‘secondary ticketing’ prosecution – Local Government Lawyer
‘Costs have been awarded against North Yorkshire County Council in a case over the prosecution of ticket resellers, despite a judge saying she was reluctant to do so.’
Local Government Lawyer, 2nd July 2019
Source: www.localgovernmentlawyer.co.uk
Former client refused a fresh look at solicitor’s £340k bill – Law Society’s Gazette
‘A costs judge has told a claimant they cannot challenge a solicitor’s bill which was agreed and approved more than four years ago.’
Law Society's Gazette, 2nd July 2019
Source: www.lawgazette.co.uk
Part 36 consequences “are severable”, High Court rules – Litigation Futures
‘The court can decide it is unjust to award some, but not all, of the consequences of beating a part 36 offer, a High Court judge has ruled.’
Legal Futures, 25th June 2019
Source: www.litigationfutures.com
Security for costs sanction for party that ignored CMC deadline – Litigation Futures
‘The High Court has ordered a party that missed the deadline to fix the date of a case management conference (CMC) by more than four years to pay security for costs as a sanction.’
Litigation Futures, 21st June 2019
Source: www.litigationfutures.com
Financial Remedy & Divorce Update, June 2019 – Family Law Week
‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during May 2019.’
Family Law Week, 20th June 2019
Source: www.familylawweek.co.uk
No rule to stop costs being awarded against children, says judge – Litigation Futures
‘There is no general rule preventing costs being awarded against children, a High Court judge has said. Mr Justice Morgan said the case law on the issue did not present a “clear or coherent picture” on the issue, and contained examples of costs being made against both child claimants and defendants, even where they had litigation friends.’
Litigation Futures, 18th June 2019
Source: www.litigationfutures.com
Court refuses to increase budget for costs party brought on himself – Litigation Futures
‘The High Court has rejected a defendant’s request to revise his costs budget upwards, saying that the extra costs came from matters he either should have anticipated or brought on himself.’
Litigation Futures, 12th June 2019
Source: www.litigationfutures.com
First High Court guidance on proportionality leads to huge costs cut – Litigation Futures
‘The first High Court judge to give guidance on applying the proportionality test has overturned a costs master’s ruling and slashed the costs he allowed by more than two-thirds.’
Litigation Futures, June 2019
Source: www.litigationfutures.com
Judge refuses uplift after successful part 36 offer on hourly rates – Litigation Futures
‘A judge has refused to award claimants an uplift on their costs after beating a part 36 offer restricted just to the hourly rates in dispute.’
Litigation Futures, 29th May 2019
Source: www.litigationfutures.com
Judge wrong to ignore tactics of “unscrupulous” NIHL claimants – Litigation Futures
‘A judge has been criticised by the Court of Appeal for failing to take into account tactics used by “unscrupulous claimants and lawyers”, particularly in noise-induced hearing loss (NIHL) cases.’
Litigation Futures, 21st May 2019
Source: www.litigationfutures.com
“Impecunious” company with wealthy backers denied costs cap – Litigation Futures
‘It would not be reasonable for an “impecunious” company to withdraw a crowdfunded claim for judicial review if it was denied a costs-capping order (CCO), because its shareholders have sufficient resources to back the case, the High Court has ruled.’
Litigation Futures, 16th May 2019
Source: www.litigationfutures.com
Challenge to delegation of costs lawyer’s work fails – Litigation Futures
‘A challenge to a costs lawyer’s delegation of work to unqualified colleagues has failed, with a judge saying that to rule otherwise would make their work for members of the public “impossible”.’
Litigation Futures, 13th May 2019
Source: www.litigationfutures.com
Court can order costs in foreign currency on summary assessment – Litigation Futures
‘The court has jurisdiction to make an order for costs in a foreign currency on summary assessment, a deputy High Court judge has ruled in what he said appeared to be the first case on the point.’
Litigation Futures, 9th May 2019
Source: www.litigationfutures.com
Court throws out convicted client’s negligence claim against solicitors – Law Society’s Gazette
‘A convicted client has failed in a bid to make his former solicitors stump up the bill for his £450,000 fine imposed in the Crown court. In Day v Womble Bond Dickinson (UK) LLP Her Honour Judge Deborah Taylor, sitting in the High Court, struck out the negligence claim by landowner Philip Day.’
Law Society's Gazette, 7th May 2019
Source: www.lawgazette.co.uk
