General

Regional costs judge applies fixed costs to RTA claim that settled for £350k

Stephen Hines

A road traffic claim that settled pre-issue for £350,000 was subject to fixed recoverable costs because it began in the portal, even though it was later removed because of its value, a regional costs judge has ruled. It has been described as a consequence of the rule change that followed the Qader decision.

December 14th, 2017

High Court: 10% part 36 uplift applies to damages plus basic interest

rcj 2

The High Court has made it clear that the additional 10% uplift on damages the courts can award for beating a part 36 offer means an uplift on damages plus basic interest. It also said the court’s focus under part 36 must be “upon the conduct of the litigation”, and not on “whether the claimant had led a blameless life up until the moment when a tort was committed against him”.

November 30th, 2017

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

Blog

All I want for Christmas is…

Stack of documents and papers

This is my valedictory blog for 2017. I am grateful to my loyal reader for enduring the polluted flushings of my diseased mind over the past six months. It has been fun to write and I hope that I have given the reader an insight into the world of a litigation flaneur. Before I bid you happy holidays, I would like to share with you my two wishes for Christmas. For the avoidance of doubt, these relate to litigation finance and not my personal desires, which include a solid gold house, rocket shoes and the power to become invisible at will.

December 12th, 2017

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