Costs


Injured child

New safeguard for costs payments from protected party’s damages

Solicitors will in future have to provide a bill or breakdown of costs when seeking payment of success fees and ATE premiums out of the damages of children or protected parties.

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Leading firm left with court fees budget after late service

A leading national law firm that served its budget late has failed in an application for relief from sanctions only made on the day of the case and costs management conference.

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Recovery of success fees in defamation cases to end

The government is to abolish the recoverability of success fees in defamation cases – but retain it for after-the-event insurance premiums, it announced yesterday.

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CA: Statute bills do not need to include disbursements

A solicitor’s bill can be a statute bill without including both profit costs and disbursements, the Court of Appeal has ruled, overturning decisions by Mrs Justice Slade and Master James.

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Deal with proportionality at start of assessment, says costs judge

Proportionality should be addressed at the beginning of an assessment, and not the end, because it should inform the reasonableness of the costs, a costs judge has suggested.

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No order for costs after defendant withdraws part 36 offer

A High Court judge has made no order for costs after a defendant withdrew its part 36 offer after trial but before judgment. He said the offer remained a “relevant factor” to be taken into account.

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Party awarded 2% of value of claim “was not winner”

A claimant that recovered just 2% of the sum it originally claimed at trial – a sum that was just a sixth of the costs it incurred in doing so – was not the successful party, the High Court has ruled.

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Court cannot order costs on account after part 36 acceptance

The courts have no power to order the payment of costs on account after a part 36 offer is accepted, the High Court has ruled. Mr Justice Birss said part 36 made no provision for one.

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