General

Judge accepts “material change” argument in increasing security for costs

Pound coins 2

The High Court has agreed to order a claimant to pay additional security for costs, even though the ‘material change’ in circumstances behind the defendant’s application were known to the judge who made the original order.

May 15th, 2017

Struck-off solicitor loses costs claim against client who thought he was still in practice

contract

A struck-off solicitor has seen his £4,500 costs claim against a client he represented in an employment tribunal disallowed because he failed to correct her belief that he was acting as a practising solicitor.

May 5th, 2017

When winning isn’t enough: Court of Appeal orders successful party to pay 75% of other side’s costs

rcj 2

A High Court judge was entitled to penalise a firm of Russian stockbrokers for conduct that “fell below acceptable standards of conducting litigation” by ordering it to pay 75% of the other side’s costs, even though it had successfully resisted a bid to strike out its claim, the Court of Appeal has ruled.

April 20th, 2017

CA offers pointers on when costs should be awarded in small claims court

mortgage application

The ‘unreasonable conduct’ test for ordering costs in the small claims court is similar to that for wasted costs, the Court of Appeal has ruled, but said it would not want litigants to be “too easily deterred” by the risk of an adverse costs award.

April 18th, 2017

Better the devil you know – solicitors dislike budgeting, but it’s better than fixed costs

Phil Bradbury

The costs management process has had a negative impact on litigation but it is still better than the prospect of fixed costs, research among both personal injury and commercial solicitor has shown. However, commercial litigators thought that their clients would like greater use of fixed costs.

April 12th, 2017

Part 36 penalties aimed at conduct, not just compensation, says appeal court

Sir Geoffrey Vos

Awards of enhanced interest after beating a part 36 offer are not intended only to compensate the successful party, but can also include a non-compensatory element as part of the “carrot and stick” approach to litigation post-Jackson, the Court of Appeal has ruled.

April 3rd, 2017

High Court overturns security for costs order against chief’s son

City of Lagos, Nigeria

The High Court has allowed an appeal by a son of a Nigerian chief against a security for costs order made against him. Mr Justice Newey overturned a recorder’s ruling that Clifford Chuku, one of the 37 children of Chief Friday Chuku, did not live in this jurisdiction and could be treated as a “nominal claimant”.

March 21st, 2017

High Court orders solicitors to cease acting for client

Piles of files

The High Court has ordered international law firm Dechert to cease acting for the principal creditor of a Russian businessman because it is also acting for his trustees in bankruptcy and has access to thousands of documents that are covered by legal professional privilege.

May 9th, 2016

CA: Courts must consider “all the circumstances” before imposing part 36 penalties

RCJ portrait

Courts must consider “all the circumstances” before deciding whether it would be unjust to impose costs penalties on claimants who fail to beat offers made under part 36, appeal judges have ruled. Lady Justice Arden said a “subsidiary purpose” of part 36 was to prevent injustice.

January 5th, 2016

Government decides against doubling court fee cap but gives green light to general increase

Shailesh Vara 2

The government has decided against doubling the maximum court fee cap to £20,000, but is to press ahead with its planned 10% increase in court fees across the range of civil proceedings.

December 17th, 2015

Blog

Fixed recoverable costs: unfair and wrong in principle?

Alex Bagnall

Are fixed recoverable costs inevitable? On 11 November 2016 it was announced that Jackson LJ was to consult on the extension of fixed recoverable costs. That announcement was clear: those involved were to “look at options to extend fixed recoverable costs much more widely”; and to “develop proposals for extending the present fixed recoverable costs regime”. It was said that “the momentum is heavily for reform” and that the purpose of the review was to provide “opportunity for comments and submissions on the form and scope that reform should take”.

April 18th, 2017

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