Costs


Court fee can be claimed from defendants despite exemption

There are “strong public policy grounds” for allowing fee-exempt claimants to claim their court fees from defendants rather than the taxpayer, a judge has ruled.

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QOCS protection extends to appeals, CA confirms

Qualified one-way costs shifting covers appeals where it applies to the first instance proceedings, the Court of Appeal has ruled. It interpreted the word “proceedings” in rule 44.13 as including both.

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Litigation friend pays price for fundamental dishonesty

A circuit judge has ordered a litigation friend to pay costs after finding that she was responsible for the fundamental dishonesty behind linked claims.

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Part 36 uplift is “all or nothing”, rule committee confirms

The 10% uplift on costs for beating a part 36 offer is ‘all or nothing’ and judges cannot award less, the Civil Procedure Rule Committee has confirmed.

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CAT gives truck buyers green light to pursue costs

The claimants in the truck cartel litigation have received the green light to move forward without delay to an assessment of the costs of a preliminary hearing given the two sides’ contrasting financial resources.

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Part 36 offers cannot exclude interest to be valid

Part 36 offers which specifically exclude interest are not valid, the Court of Appeal has ruled – but one of the judges said this should be reconsidered.

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CA upholds oral agreement to pay solicitor’s fees

A solicitor who had an oral agreement with the son-in-law of a client that he would cover the legal fees did not fall foul of the 1677 Statute of Frauds, the Court of Appeal has ruled.

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High Court limits scope of provisional assessment appeals

A party’s right to appeal from an oral hearing that follows a provisional assessment is limited to decisions made at the hearing, the High Court has ruled.

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