Lownds v Home Office [2002] EWCA Civ 365 – Law Journals

Costs: Out with the old

Paul Jones sets out the lack of consensus on proportionality since the end of ATE premiums and success fees ‘Regarding the exclusion of the ATE premium when considering proportionality, the master, again, drew a distinction between the pre-April 2013 rules, where the ATE would have been considered separately, and the new rules, where there was …

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Costs: Proportionality – the road to hell

Paul Jones reviews the attempts that have been made to give guidance on proportionality in costs judgments ‘The Court of Appeal set out a test that courts should apply to determine the proportionality of costs for any given case. They claimed this would solve the problems of interpretation the courts and practitioners were having.’ In …

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Costs: Proportionality

Paul Jones highlights a recent case concerning costs incurred during the transitional provisions ‘Even where the global costs have not been held to be disproportionate, it was still open to the judge to apply the test of necessity to individual costs which he considered to be disproportionate.’ The 1 April 2013 brought a new test …

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Costs: The new costs landscape – a land of confusion

Paul Jones reviews five areas still causing confusion ‘Costs which the court considers disproportionate will no longer be recoverable even if those costs were reasonably and necessarily incurred.’We are now over a year on from the implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) which brought a whole raft of …

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Proportionality And Compliance: Will this new matrix control litigation costs?

Natalia Siabkin and Suzanne Farg discuss the impact of the reforms five months after implementation ‘It remains to be seen whether the new rules will reduce the costs of litigation by curbing unnecessary costs or will have the more detrimental effect of preventing litigants from pursuing their claims fully (or at all).’ The new Jackson …

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Costs: The return of Trafigura

Paul Jones discusses issues of proportonality ‘Issues such as proportionality, abandoned claims, costs of funding, success fees and ATE premiums form major elements in many costs disputes and it is helpful to have a current view of these issues.’ The costs dispute following the settlement of the group action against Trafigura, after the alleged illegal …

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Clinical Negligence: The price of success

Simon Trigger considers the cost perils of overstating your case ‘The old maxim that you have to incur 100% of your costs to recover 1% of your damages appears to have been disproved by the Court of Appeal.’The question of what constitutes success in a piece of litigation was recently revisited by the Court of …

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