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Costs: Anything to declare?
Victoria Sara-Kennedy considers Al-Sadi v Al-Sadi a departure from the usual costs rule on discontinuance ‘Practitioners should always remind clients before they issue their claim that they must be prepared to meet the risks and liabilities which go hand in hand with issuing a claim.’ What can a claimant do when their claim is undermined …
Hart & anr v Burbidge & anr
Wills & Trusts Law Reports | October 2014 #143In 2006 the deceased made a will directing a sale of two properties, No 7 and No 43 (the properties), with the proceeds to be shared between her sons (the Harts). On the same date the deceased gave another property, Unit 15, to her daughter and son-in-law, Mr and Mrs Burbidge, and also released them from a debt of £44,000. In 2007 the deceased made a further will leaving No 7 to the Harts and No 43 to her siblings and any grandchildren surviving her with the residue to be divided equally amongst her children.
Having decided to live with the Burbidges, the deceased transferred her...
Kershaw v Roberts & anr [2014] EWHC 1037 (Ch)
Wills & Trusts Law Reports | October 2014 #143This hearing was an appeal from a decision of His Honr Judge Philip in which that judge found that an earlier hearing in the matter had not been a case management conference (CMC) and that therefore the respondent defendants were under no obligation to file and serve a costs budget seven days in advance of it. The claimant had contended that the earlier hearing had been a CMC and renewed that submission in the current hearing. The claimant’s submissions raised general issues as to whether the first hearing in a Part 8 claim, alternatively the first directions hearing, in such a cla...
Hart & anr v Burbidge & ors [2014] EWCA Civ 992 On appeal from: [2013] EWHC 1628 (Ch)
Wills & Trusts Law Reports | October 2014 #143and
1. ARTHUR KENNETH GERALD SAMWAYS
2. GRAHAM DOUGLAS SAMWAYS
3. CHRISTINE MARGARET GARLINGE
4. PETER KENNETH HART
5. LEWIS ROGER HART
6. GEMMA LOUISE HART
v
1. SUSAN ANNE BURBIDGE
2. BRIAN JEFFERY BURBIDGE
3. KENNETH CHARLES HART
4. PAUL ROGER HART
The appellants appealed a decision in two actions that had been tried together ...
Costs: Non-fixed success fees – what is reasonable?
Paul Jones considers the risk factors the court will take into account ‘The fact that the success fee was staged could not be used to justify a higher success fee and, consequently, the Master’s assessment of a reasonable success fee at 30% was a reasonable decision.’ With the growth of fixed success fees and, indeed, …
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Costs: Service by e-mail
Paul Jones highlights a costs case that shows the changing role of modern information technology in law ‘Is it really appropriate in modern litigation for electronic service of documents to be the exception rather than the norm as the current rules seem to provide?’ Modern technology and the law do not often sit comfortably beside …
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JS v KB & anr [2014] EWHC 482 (COP)
Wills & Trusts Law Reports | July/August 2014 #141The application was made by JS for appointment by the Court of Protection under s19(1) of the MCA 2005 as DB’s deputy in relation to her property and financial affairs. JS was DB’s daughter. KB was DB’s son. MP was a local solicitor appointed to the court as deputy for DB on 13 February 2013. That application was resolved finally, save for the question of costs, by HHJ Hodge QC on 6 September 2013. By order made on that date (which was consensual), it is recorded inter alia that JS agreed not to pursue her application to be appointed as DB’s property and affair...
Costs: What a difference a day makes
Jeremy Glover reviews a recent decision of the TCC ‘While the fourth defendant could not put forward any good reason for the breach, it was in the view of the judge a trivial one.’ Wain v Gloucestershire County Council [2014] arose out of the first Case Management Conference (CMC) and costs management hearing. The fourth …
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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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