Supreme Court overturns dismissal of appeal because of failure to pay judgment sum into court – Litigation Futures

Posted August 3rd, 2017 in appeals, human rights, news, payment into court, third parties by tracey

‘A Court of Appeal judge was wrong to end an appeal because the appellant company had not complied with a condition to pay the judgment sum into court first and he thought its wealthy owner could have paid instead, the Supreme Court has ruled.’

Full Story

Litigation Futures, 3rd August 2017

Source: www.litigationfutures.com

Judge outlines concern over “extraordinary” £129m costs of RBS in defending rights issue case – Litigation Futures

Posted May 24th, 2017 in banking, costs, insurance, judges, news, payment into court by sally

‘The judge in charge of the RBS rights issue litigation has outlined his “very great concern” about the “extraordinary” costs racked up by the bank, which are currently estimated at £129m.’

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Litigation Futures, 24th May 2017

Source: www.litigationfutures.com

Defence of tender before claim – Law Society’s Gazette

Posted November 30th, 2015 in civil procedure rules, damages, defences, news, payment into court by sally

‘The common law defence of tender before claim is a defence that, before the claimant commenced court proceedings, the defendant had unconditionally offered the amount due to the claimant.’

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Law Society’s Gazette, 30th November 2015

Source: www.lawgazette.co.uk

High Court grants relief despite “deliberate and non-trivial” breach – Litigation Futures

Posted June 24th, 2014 in civil procedure rules, costs, news, payment into court, sanctions by sally

‘A High Court judge has granted relief from sanctions despite finding that the non-compliance was non-trivial and deliberate, and that there was some delay in lodging the application for relief – using instead powers to impose conditions on the order.’

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Litigation Futures, 24th June 2014

Source: www.litigationfutures.com

The test to be applied for ordering deposits Spring v First Capital East Ltd – No. 5 Chambers

Posted June 18th, 2013 in costs, deposits, news, payment into court, tribunals by sally

“Although usually sought by employers, either party may apply to a tribunal for an order that the other party pay a deposit as a condition of continuing to argue a particular matter if the tribunal is satisfied that the contentions put forward by that party have ‘little reasonable prospects of success’: Rule 20(1) of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004.”

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No. 5 Chambers, 6th June 2013

Source: www.no5.com

Beasley (by Cadell Beasley as litigation friend) v Alexander – WLR Daily

Beasley (by Cadell Beasley as litigation friend) v Alexander [2012] EWHC 2715 (QB); [2012] WLR (D) 272

“CPR r 36.13(2) did not permit the court to be told the position as to a Part 36 offer and consequently go on to deal with the question of costs at the conclusion of the first part of a split trial.”

WLR Daily, 9th October 2012

Source: www.iclr.co.uk

Harry Potter and the Order of the High Court – The Lawyer

Posted April 6th, 2011 in costs, news, payment into court, plagiarism by sally

“The man who is suing Harry Potter author JK Rowling and publishers Bloomsbury has been ordered by the High Court to pay £1.6m as security for costs or the claim will be struck out.”

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The Lawyer, 6th April 2011

Source: www.thelawyer.com

Holy man looks set to drop libel case – The Independent

Posted February 2nd, 2011 in costs, defamation, news, payment into court by sally

“An Indian Sikh holy man who is suing a journalist in the British courts for libel has been ordered to put up quarter of million pounds in security costs in order to pursue the case further.”

Full story

The Independent, 1st February 2011

Source: www.independent.co.uk

Huscroft v P & O Ferries Ltd – WLR Daily

Posted January 5th, 2011 in civil procedure rules, costs, law reports, payment into court by sally

Huscroft v P & O Ferries Ltd [2010] EWCA Civ 148; [2010] WLR (D) 348

“CPR r 3.1(3), which permitted a court to attach conditions to the making of an order, was intended to control the future conduct of proceedings and not to punish previous misconduct.”

WLR Daily, 4th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

ENE Kos 1 Ltd v Petroleo Brasilieiro SA – WLR Daily

Posted November 5th, 2009 in costs, law reports, payment into court by sally

ENE Kos 1 Ltd v Petroleo Brasilieiro SA [2009] EWCA Civ 1127; [2009] WLR (D) 313

“The effective date of a payment into court where payment was made by cheque, whether a sterling cheque or a foreign currency cheque, was the date when the cheque was lodged in the court fund office.”

WLR Daily, 4th November 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

 

Carver v BAA plc – Times Law Reports

Posted June 4th, 2008 in costs, damages, law reports, payment into court by sally

Carver v BAA plc

Court of Appeal

“Where a claimant had obtained judgment as to liability and had been awarded damages exceeding an earlier payment-in, the judge was none the less empowered to award costs in favour of the losing party or to make no order for costs.”

The Times, 4th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Carver v BAA plc – WLR Daily

Posted April 24th, 2008 in costs, damages, law reports, payment into court by sally

Carver v BAA plc [2008] EWCA Civ 412; [2008] WLR (D) 122

Where a claimant had obtained judgment as to liability, and an award in damages of a sum exceeding an earlier payment in, a judge was empowered by CPR r 36.14(1) to adopt a broad approach when considering costs and the question whether the result was ‘more advantageous’ vis à vis a refused payment in, and he was entitled if appropriate to award costs in favour of a losing party or to make no order for costs.”

WLR Daily, 23rd April 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.