Category: costs

A Real Shift – Substantial Changes to CPR 44.14 – 3PB

Posted April 5th, 2023 in chambers articles, civil procedure rules, costs, damages, news, personal injuries by sally

‘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).’

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3PB, March 2023

Source: www.3pb.co.uk

Party Walls – no notice, no Act! – Tanfield Chambers

Posted March 31st, 2023 in appeals, chambers articles, compensation, costs, housing, news, party walls, surveyors by sally

‘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.’

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Tanfield Chambers, 24th March 2023

Source: www.tanfieldchambers.co.uk

UK to clamp down on sanctions loopholes used by Wagner group head – The Guardian

Posted March 31st, 2023 in costs, defamation, media, news, Russia, sanctions, Ukraine, war by sally

‘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.’

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The Guardian, 30th March 2023

Source: www.theguardian.com

UK to abolish law requiring press to pay legal costs when sued – The Guardian

Posted March 29th, 2023 in bills, costs, government departments, inquiries, media, news by sally

‘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.’

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The Guardian, 28th March 2023

Source: www.theguardian.com

Council fails in appeal over costs award made after landowner succeeded with compulsory purchase objection – Local Government Lawyer

Posted March 23rd, 2023 in appeals, compulsory purchase, costs, local government, news, planning by tracey

‘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.’

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Local Government Lawyer, 23rd March 2023

Source: www.localgovernmentlawyer.co.uk

Judge excoriates “shameless” family case with costs of £5.5m – Legal Futures

Posted March 20th, 2023 in children, costs, divorce, families, family courts, financial provision, judges, legal representation, litigants in person, news by tracey

‘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.’

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Legal Futures, 20th March 2023

Source: www.legalfutures.co.uk

Split liability offer did not meet Part 36 requirements – Law Society’s Gazette

Posted March 17th, 2023 in civil procedure rules, costs, damages, holidays, news, part 36 offers by tracey

‘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.’

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Law Society's Gazette, 16th March 2023

Source: www.lawgazette.co.uk

Law Society calls in leading figures to support “21st century justice” project – Legal Futures

Posted March 14th, 2023 in civil justice, costs, electronic filing, legal aid, news, solicitors by sally

‘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”.’

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Legal Futures, 14th March 2023

Source: www.legalfutures.co.uk

Domestic abuse survivor takes UK justice ministry to court over legal aid – The Guardian

Posted March 8th, 2023 in children, costs, domestic violence, families, judicial review, legal aid, Ministry of Justice, news by sally

‘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.’

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The Guardian, 6th March 2023

Source: www.theguardian.com

Election court awards costs against petitioner in ‘dates bribe’ case – Law Society’s Gazette

Posted March 1st, 2023 in bribery, costs, elections, local government, news, political parties by sally

‘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.’

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Law Society's Gazette, 28th February 2023

Source: www.lawgazette.co.uk

Beneficiary allowed to challenge firm’s fees after fourfold rise – Law Society’s Gazette

Posted February 13th, 2023 in costs, fees, law firms, news, solicitors, wills by tracey

‘The High Court has allowed a will beneficiary to challenge a costs bill which rose significantly from its original estimate.’

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Law Society’s Gazette, 10th February 2023

Source: www.lawgazette.co.uk

Defendant landlord ordered to pay £52k+ after squashing three flats into basement without planning permission – Local Government Lawyer

Posted January 31st, 2023 in costs, fines, landlord & tenant, news, planning by tracey

‘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.’

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Local Government Lawyer, 30th January 2023

Source: www.localgovernmentlawyer.co.uk

Costs protection still in place for last-minute discontinuance, rules CoA – Law Society’s Gazette

Posted January 19th, 2023 in civil procedure rules, costs, news, personal injuries, striking out by tracey

‘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.’

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Law Society’s Gazette, 18th January 2023

Source: www.lawgazette.co.uk

SRA sanctioned for wrongly publishing trainee’s ban – Legal Futures

Posted January 16th, 2023 in costs, disciplinary procedures, law firms, news, solicitors, Solicitors Regulation Authority by tracey

‘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.’

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Legal Futures, 16th January 2023

Source: www.legalfutures.co.uk

Court rejects costs budgeting plea on child’s clin neg claim – Law Society’s Gazette

Posted January 16th, 2023 in birth, costs, damages, hospitals, negligence, news, personal injuries by tracey

‘The High Court has rejected a defendant’s plea for a costs management order regarding a child’s clinical negligence case which could still have years to run. Master Cook stated that the policy of children’s cases being exempt from costs management should be adhered to, even if the defendant was unhappy with the costs incurred so far.’

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Law Society's Gazette, 13th January 2023

Source: www.lawgazette.co.uk

Breach of trust, directors and corporate trustees: multiple derivative claims following McGaughey v USS – Wilberforce Chambers

Posted January 9th, 2023 in breach of trust, chambers articles, climate change, company directors, company law, costs, equality, news, pensions, universities by sally

‘It is commonplace now for the trustee of almost any sort of trust to be a company, and for the individuals who may colloquially be referred to as “the trustees” to in fact not be trustees at all, but to be the directors of the trustee company. Occupational pension schemes have been particularly keen adopters of this structure. In some respects it makes little difference to the beneficiaries: the trustee is the trustee, whether an individual or a company. But when the individuals involved are alleged to have acted in breach of their duties, the corporate structure allows for more complex claims than the ordinary breach of trust claim that would be brought against individual trustees.’

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Wilberforce Chambers, 20th December 2022

Source: www.wilberforce.co.uk

Should Boundary Disputes Be Allocated to the Small Claims Track? – Pallant Chambers

Posted January 9th, 2023 in boundaries, chambers articles, costs, news, small claims by sally

Boundary disputes, whether concerning large or small amounts of land, are evidentially and legally complex. As a result, they often involve significant costs. In Davis & Anor v Winner, His Honour Judge Mithani KC, in somewhat of a surprising judgment, stated, obiter dictum, that to prevent disproportionate costs in boundary disputes involving a small amount of land they should be allocated to the Small Claims Track (“SCT”). Davis has been subsequently relied upon by District Judges to allocate analogous cases to the SCT. However, given the complex characteristics of boundary disputes, it is necessary to undertake a detailed assessment of their suitability for the SCT.

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Pallant Chambers, 14th December 2022

Source: www.pallantchambers.co.uk

Recoverability of VAT on Costs – Guildhall Chambers

Posted January 9th, 2023 in chambers articles, costs, news, VAT by sally

‘The issue of the recoverability of VAT in the assessment of costs is unusual, but a 20% difference in the sum to be paid as a paying party can be very significant. The issue became very contentious in this case, with the RP contending in their skeleton argument that the point raised was “bizarre and bound to fail”.’

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Guildhall Chambers, 6th December 2022

Source: www.guildhallchambers.co.uk

Two cases about QOCS where the claimant accepted a Part 36 offer late – Hailsham Chambers

Posted January 6th, 2023 in chambers articles, costs, damages, negligence, news, part 36 offers, personal injuries by sally

‘Two recent decisions on the application of qualified one-way-costs-shifting (“QOCS”), of the High Court in Chappell v Mrozek [2022] EWHC 3147 (KB), and of the Court of Appeal in Harrison v University Hospitals of Derby & Burton NHS Foundation Trust [2022] EWCA Civ 1660, reinforce the difficulty that personal injury and clinical negligence defendants will face in obtaining enforceable costs orders other than where the claimant obtains an order for damages at trial1. Defendants will generally be unable to enforce costs orders where the claim is settled via Part 36, even if an order of the court is required to enforce the settlement, to permit the claimant to accept the offer, or to direct that the amount payable to the claimant is reduced by the amount of any deductible benefits.’

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Hailsham Chambers, 3rd January 2023

Source: www.hailshamchambers.com

SRA can enforce costs order against solicitor struck off in 2010 – Legal Futures

Posted January 6th, 2023 in costs, deceit, disciplinary procedures, enforcement, news, professional conduct, solicitors, Solicitors Regulation Authority, time limits by tracey

‘The Solicitors Regulation Authority (SRA) can enforce a £15,000 costs order against a struck-off solicitor more than 12 years after it was made, the Solicitors Disciplinary Tribunal (SDT) has ruled.’

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Legal Futures, 6th January 2023

Source: www.legalfutures.co.uk