Defendant’s “potential exposure” not relevant to security for costs

A defendant’s potential exposure to paying the premium for after-the-event insurance necessary to meet its demand for security for costs was “not relevant” to the question of security.

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Judge lashes out at “shameful drivel” produced in RTA claims

A judge lambasted the preparation of low-value road traffic claims, describing them as “drivel” and saying “they are mostly prepared in a way which makes me ashamed of our profession”.

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Costs judge strikes down CFAs worth millions

A costs judge has struck down three conditional fee agreements in a big-money commercial case for having the potential to lead to a claim for a success fee exceeding 100%.

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Judge wrong to impose costs on litigation friend

A High Court judge was wrong to order a litigation friend, acting for children, to pay costs after unsuccessfully applying to challenge the settlement of a trust dispute, appeal judges have ruled.

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“Unconscionable” for defendant to benefit from portal mistake

The overriding objective means that defendants can be prevented from taking advantage of claimant errors to achieve lower settlements in RTA portal cases, a judge has ruled.

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Judge refuses payment out of court for all of defendants’ legal fees

The High Court has rejected an application for a payment out of court to fund all of the defendants’ legal fees under a conditional fee agreement in a “gargantuan” tax fraud case.

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Firm ordered to pay wasted costs for “negligent conduct”

A Kent law firm has been ordered to pay wasted costs on the indemnity basis for its “negligent and unreasonable conduct” in bringing a claim the court had no jurisdiction to hear.

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Council must pay costs of redacting documents for journalist

A local authority must cover the costs of redacting court documents which are being disclosed to a freelance journalist, the High Court has ruled.

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19 January 2021
Christian Smith

Pay as you go? Not quite

The Court of Appeal recently reaffirmed the statement of the general rule in the White Book that the costs of an application for an interim injunction will, absent any special factors, be reserved.

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