Costs


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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Claimant and counterclaiming defendant “cannot both be protected by QOCS”

A cyclist defendant who counterclaimed against another cyclist after a head-on collision was not protected by qualified one-way costs shifting in the main action, a judge has ruled.

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“Master was wrong” to approve budget without final figure

A Queen’s Bench master was wrong in his approach to costs budgeting because he approved only the constituent parts of the estimated costs and not a final figure, the High Court has ruled.

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Parties willing to incur costs “without limit” in arbitration challenge

A High Court judge has expressed his dismay at the “staggering” £1.2m costs bill racked up by parties in an arbitration dispute who appeared ready to incur costs “without limit”.

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Hale urges lawyers to remember pro bono costs orders

The president of the Supreme Court has urged lawyers acting pro bono to remember to apply for pro bono costs orders in any case where costs would normally be awarded.

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High Court backs claimant who issued just to recover costs

A claimant was entitled to issue his claim solely in pursuit of costs where the defendant “acted unfairly” by trying to settle pre-action but refusing to pay any costs, the High Court has ruled.

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