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

18 April 2017

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.

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

12 April 2017

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.

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

3 April 2017

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.

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

21 March 2017

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”.

High Court orders solicitors to cease acting for client

9 May 2016

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.

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

5 January 2016

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.

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

17 December 2015

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.

Privatised systems of justice mean “the law can ossify”, LCJ warns

20 November 2015

Privatised systems of justice, such as arbitration, can result in situations where the “law can ossify” and democracy is undermined, the Lord Chief Justice has warned. Lord Thomas said that “many have felt” that the restrictions on the right to appeal decisions of commercial arbitrators were “too tight”.

Tribunals president urges web-based “expansion of justice” and rationalisation of judiciary

17 November 2015

The courts should embrace IT and the internet in ways that improve access to justice and make scarce resources go further, if the values embodied in Magna Carta are to be realised, according to a senior judge.

“I don’t see how a dog could give instructions,” says judge as he throws out case

16 November 2015

A litigant in person’s bid to sue HSBC and their solicitors Shoosmiths on behalf of two dogs has led the High Court to describe her as “one of those very rare litigants” against whom a two-year general civil restraint order had to be made.

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