Brian Dempsey examines the rigid application of the fixed recoverable fees regime ‘The Court of Appeal has been consistently clear that the certainty provided by the careful scheme of fixed costs in CPR 45 would be undermined if the court was to apply the discretion provided by CPR 44 to decide whether to allow or …
Continue reading "Personal Injury Protocols: Sticking to the rules"
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Wills & Trusts Law Reports | April 2014 #138This is an appeal from a judgment of Baker J [2010] EWHC 3385 (Fam) making an award of costs at the conclusion of long-running proceedings in the Court of Protection. The costs related to an interim hearing lasting eight days from January through to March, and, following judgment on 26 March 2010 ([2010] EWHC 621 (Fam)), a further hearing on 6 May 2010. In respect of costs, the judge said:
‘In all the circumstances, I conclude that this is a case for departing from the general rule set out in r157 of the Court of Protection Rules, and I make an order in the follo...
Matthew Hoe highlights authorities that argue interest on costs is payable from quantification and not an order for costs ‘Three recent decisions have challenged the received wisdom that interest on costs runs from the date of the order for costs, and instead have allowed it only from the date the costs were quantified.’ Interest on …
Continue reading "Recovery: A question of timing"
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