Wills & Trusts Law Reports | Winter 2023 #193The court was concerned with costs following the trial of a claim relating to the estate of Ernesto Colicci (deceased). Recorder Mark Anderson KC had handed down judgment on 18 May 2023 following the trial in March 2023. He reserved judgment on costs after further submissions at a consequential hearing on 19 July.
The claimants’ principal claim, based on interpretation of an agreement, succeeded. The claimants were therefore the successful parties. The Recorder acknowledged that the general rule is that the unsuccessful party will be ordered to pay the costs of the successful part...
Paul Jones reviews where the line is drawn between tactical and valid offers to settle ‘It was the defendant’s position that the claimant’s offer did not contain a genuine element of concession as it still included a claim for costs which negated any concession in relation to damages.’ The 78th update to the CPR in …
Continue reading "Costs: Part 36 genuine offers"
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Maura McIntosh offers a useful update on dealing with CPR Part 36 ‘If you want to preserve any costs protection of an earlier offer, do not suggest in a subsequent offer that the costs consequences will run only from that offer.‘ This article considers a number of practical points arising from four recent decisions relating …
Continue reading "Part 36: Proceed with caution"
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