‘Claimants who discontinued their case four days into a six-week trial have been ordered to pay the defendants’ costs on the indemnity basis because their conduct took it ‘out of the norm’.’
Litigation Futures, 19th October 2018
Source: www.litigationfutures.com
‘A claimant who submitted a budget that did not include figures for trial preparation or trial has won relief from a decision that limited the entire budget to court fees only – but only for those parts of the budget that were completed.’
Litigation Futures, 17th October 2018
Source: www.litigationfutures.com
‘This is a recent decision of the Senior Courts Costs Office which deals with the need for solicitors to provide their clients with a bill of costs, even in fixed costs case where the solicitors were instructed on the basis of a CFA and where costs were recovered from the other side.’
Zenith PI, 9th October 2018
Source: zenithpi.wordpress.com
‘The parents of a vulnerable student who took her own life at a university where there has been a series of deaths have spoken of the difficulty of ensuring there is a fair and transparent investigation because they are struggling to match the legal firepower of other parties involved.’
The Guardian, 11th October 2018
Source: www.theguardian.com
‘A county court appeal arising out of a set of proceedings starting with a disrepair claim by a private sector tenant, which raises issues of service and when second proceedings are an abuse of process. Our thanks to Hardwicke Chambers for making the judgment available.’
Nearly Legal, 7th October 2018
Source: nearlylegal.co.uk
‘In Welsh v Walsall Healthcare NHS Trust [2018] EWHC 2491 QB, Mrs Justice Yip DBE considered whether it was reasonable to depart from the usual rule in r.44.2 that the winner recovers their costs in full. This is a useful example of how a Court approached the principle of costs when the overall winning party was unsuccessful on a particular issue.’
Zenith PI, 8th October 2018
Source: zenithpi.wordpress.com
‘Cartwright v Venduct Engineering Limited [2018] EWCA Civ 1654. When a claimant with the benefit of QOCS protection discontinues a claim there should be no enforceable costs order against them unless there has been fundamental dishonesty in bringing the claim. But what is the position in a case of multiple defendants where the same claimant is eventually successful in obtaining damages from another defendant to the action?’
Zenith PI, 26th September 2018
Source: zenithpi.wordpress.com
‘The High Court has awarded the UK arm of natural resources company China Molybdenum Company (CMOC) £7m, in a case in which a worldwide freezing injunction against “persons unknown” was approved for the first time.’
Law Society's Gazette, 26th September 2018
Source: www.lawgazette.co.uk
‘A council failed to take into consideration all relevant facts when deciding that an elderly couple had deliberately deprived themselves of capital in order to reduce the husband’s care costs, the Local Government and Social Care Ombudsman (LGO) has concluded.’
Local Government Lawyer, September 2018
Source: www.localgovernmentlawyer.co.uk
‘A criminal sole practitioner has been fined for offences including failure to distribute legal aid payments for professional disbursements, which he blamed on having laid off a manager after the firm suffered from government cutbacks.’
Legal Futures, 25th September 2018
Source: www.legalfutures.co.uk
‘A senior defendant lawyer has hit out at solicitors who claimed £730,000 in costs for a “straightforward” holiday sickness claim in a case with damages of only £13,000.’
Litigation Futures, 24th September 2018
Source: www.litigationfutures.com
‘When I was a kid, Top Trumps were all the rage. I know from my own boys that they still are. Back then, it was all about whether you had the fastest car or the most popular footballer (even Star Wars characters featured, but how did you decide if Hans Solo was better than Princess Leia?). Now, just about every topic is covered by a set of cards.
I mention this because a recent TCC judgment demonstrates that the arbitration clause in the JCT standard building contract can “trump” a Part 8 application for declaratory relief, with the court granting a stay of those Part 8 proceedings.’
Practical Law: Construction Blog, 18th September 2018
‘The Supreme Court has refused permission for a third appeal by a Leeds law firm against a ruling that it submitted ‘dishonest’ costs claims.’
Litigation Futures, 19th September 2018
Source: www.litigationfutures.com
‘The claimant discontinued a claim. The defendants alleged that the claim was dishonest and asked the court to determine the issue of fundamental dishonesty so the defendants could enforce their entitlement to costs.’
Zenith PI Blog, 18th September 2018
Source: zenithpi.wordpress.com
‘The husband in a divorce dispute cannot pay his lawyers a pound without paying a pound to his wife’s solicitors, the High Court has ruled.’
Legal Futures, 18th September 2018
Source: www.legalfutures.co.uk
‘An unsuccessful defendant in a road traffic claim for financial losses who made an unsuccessful counterclaim for personal injury (PI) was entitled to the protection of qualified one-way costs shifting (QOCS) for the whole case, a circuit judge has ruled.’
Litigation Futures, 18th September 2018
Source: www.litigationfutures.com
‘This case is a reminder, if any were needed, of the difficulties facing Claimants in deciding whether or not to pursue multiple Defendants.’
Zenith PI, 10th September 2018
Source: zenithpi.wordpress.com
‘A High Court judge was wrong to order a non-party costs order (NPCO) where the respondent had not been warned that the applicant was going to seek one, the Court of Appeal has ruled.’
Litigation Futures, 10th September 2018
Source: www.litigationfutures.com
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