Tag Results

Appeal judges reject law firm’s claim for fees under insolvency CFA

The Court of Appeal has rejected a law firm’s claim to its legal fees in a battle with a liquidator over an conditional fee agreement. Lord Justice Hamblen said there was a “shared common understanding” that its fees would be paid from recoveries and the liquidator would not be personally liable for any shortfall.

August 8th, 2017 | No Comments »

When winning isn’t enough: Court of Appeal orders successful party to pay 75% of other side’s costs

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 | No Comments »

Appeal judges refuse to order assessment of costs agreed by administrators

The Court of Appeal has refused a request by the liquidators of a company for a detailed assessment of costs agreed by the firm’s administrators. The costs involved were fees of €2.76m charged by City firm Slaughter and May.

May 25th, 2016 | No Comments »

Appeal judges reject bias allegation over “crooks” remark

Appeal judges have rejected a claim that they failed to “properly and fairly” consider an appeal after deciding in advance that the appellants were “crooks”. Lord Justice Longmore described the criticisms as “simply wrong or at least insubstantial, semantic or one-sided”.

May 9th, 2016 | No Comments »

Lord Chief Justice suggests rethink on judicial review interventions

The Lord Chief Justice has suggested that the new costs rules on interventions in judicial reviews should be looked at again. Giving evidence to the justice select committee, he also argued for word-limited submissions to the Court of Appeal.

February 24th, 2016 | No Comments »

Court of Appeal : LiPs can benefit from ‘without prejudice’ rule without knowing what it means

Litigants in person can benefit from the ‘without prejudice’ rule even if they do not know what it means, the Court of Appeal has made clear. Lord Justice Vos said although it may be more difficult to determine whether meetings with LiPs were without prejudice, they should be viewed “in the round”.

January 19th, 2016 | No Comments »

CA: Courts must consider “all the circumstances” before imposing part 36 penalties

Courts must consider “all the circumstances” before deciding whether it would be unjust to impose costs penalties on claimants who fail to beat offers made under part 36, appeal judges have ruled. Lady Justice Arden said a “subsidiary purpose” of part 36 was to prevent injustice.

January 5th, 2016 | No Comments »

Court of Appeal: Tenants on small claims track can be ordered to pay more than costs of issue

County courts can order tenants on the small claims track (SCT) to pay more than the costs of issuing the claim, the Court of Appeal has ruled. A district judge decided the landlord could recover no more than £200,

August 6th, 2015 | No Comments »

Richards: Mitchell led to decisions that were “manifestly unjust and disproportionate”

The Court of Appeal ruling in Mitchell led to decisions that were “manifestly unjust and disproportionate”, the deputy head of civil justice, Lord Justice Richards, has said in revoking a “draconian” order made before Denton.

July 27th, 2015 | No Comments »

Supreme Court: Trustee in bankruptcy not personally liable for costs of previous appeals

A trustee in bankruptcy considering an appeal to the Supreme Court can go ahead without taking on the risk of having to pay the costs of previous proceedings in the lower courts, five justices have unanimously ruled.

June 17th, 2015 | No Comments »