Henry Venables and Honor Giles consider the approach to an application for the disclosure of FDR appointment documents for use in civil proceedings and the limited circumstances in which such disclosure may be permitted An FDR appointment is a compulsory hearing that the parties must personally attend. The obligation is on the parties to hold …
Continue reading "Disclosure: Behind closed doors"
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Wills & Trusts Law Reports | Autumn 2018 #173The defendants were professional solicitor trustees of a trust established by the will of the claimants’ father. The claimants were the beneficiaries of the will trust, who were minors when their father died. The deceased’s will provided that the claimants’ shares would be held on trust for them until they turned 25, so the defendants invested the trust fund with the assistance of professional investment advice given by Taylor Young Investment Management Ltd (Taylor Young).
The claimants subsequently sought compensation from the trustees in the sum of £1,476,076 on the basis that ...
Paul Jones outlines the consequences of improper and unreasonable conduct when serving a bill of costs ‘The Master had little difficulty in concluding that the claimant solicitors’ conduct of the detailed assessment proceedings had been both improper and unreasonable.’The signing of a certificate of accuracy in a bill of costs as required by CPR 47 …
Continue reading "Costs: When detailed assessment goes wrong"
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The Upper Tribunal has provided clarification on when costs will be awarded for ‘unreasonable’ behaviour. Sarah Heatley explains ‘Martin Rodger QC and Siobhan McGrath, deputy and chamber president of the First-tier Tribunal respectively, were asked to consider what constitutes “unreasonable behaviour” under r13, and how it should be applied in practice.’ The Upper Tribunal (Lands …
Continue reading "Costs: Setting a high standard"
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Charles Wynn-Evans reports on some recent decisions on costs awards in the employment tribunal Under Rule 41(2), the tribunal is entitled, when deciding how to exercise its discretion to make a costs order, to take into account the relevant party’s ability to pay. The employment tribunal has the power to make a variety of orders …
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Frances Bailey examines criteria for a wasted costs order and best practice when adding a third party ‘The power to make a wasted costs order is a discretionary one and the court exercises that discretion both at the hearing, to show cause as to why a wasted costs order should not be made, and at …
Continue reading "Wasted Costs: Proceed with caution"
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Wills & Trusts Law Reports | March 2012 #117The applicants (R and J) made a wasted costs application against the respondent solicitors (H) in the context of proceedings known as D v R (Deputy of S) and S [2010] EWHC 2405 (CoP), which had been heard by Henderson J in the Court of Protection concerning S. R was S’s daughter and his deputy. She had brought proceedings in the Chancery Division in S’s name to recover property S had given away to D on the basis of undue influence. S’s wish was that D should retain the property given to her. In that context, D applied for a declaration from the Court of Protection that ...
Mark Surguy examines the tension between disclosure and misconduct ‘The logic of allowing clients to do some of the work in relation to disclosure to save costs may be sound, but the external law firm needs to think very carefully about its duties.’ On 6 October 2011 the Solicitors Code of Conduct 2007 will be …
Continue reading "Disclosure: Call of duty"
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