Court of Appeal: Solicitors can be paid on DBA termination

The Court of Appeal has today saved damages-based agreements by ruling that they are not unenforceable if they provide that the client has to pay incurred costs and expenses on termination.

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Court of Appeal overturns costs award made after interim injunction

There is no “pay as you go” principle which overrides the general rule that the court should reserve the costs where an interim injunction is granted, appeal judges have ruled.

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Court of Appeal: Expert was not under “fiduciary duty” to client

The Court of Appeal has overturned the first decision in England and Wales to hold that an expert witness owed a fiduciary duty to their client – but did not rule out the possibility it could exist.

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Lukewarm response to guideline hourly rates reform

Last week recommended changes to the guideline hourly rates – which it admitted were “modest” – have generated a lukewarm response from the profession.

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Council provided “object lesson” in how not to respond to JR

The High Court has described how Birmingham City Council provided an “object lesson in how a public body should not respond to public law proceedings” in its mishandling of a housing judicial review.

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CJC group recommends “modest” increases in guideline hourly rates

There should be a “modest” increases in the guideline hourly rates – ranging from 7% to 35% – with the highest band for heavyweight commercial work rather than any work carried out by a City law firm.

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High Court grants girl anonymity in TikTok representative action

A High Court judge has granted anonymity to a 12-year-old girl, allowing the Children’s Commissioner, as her litigation friend, to bring a breach of privacy action against social media platform TikTok.

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Master orders deletion of screen shot from remote hearing

A screen shot taken of a remote hearing must be deleted by anyone who has it, a master has ordered under a change introduced by last year’s Coronavirus Act.

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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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