Richard Marshall and Clare Arthurs look at developments in non-party costs orders and parties to proceedings ‘The courts will take pragmatic and flexible approach to ensure that justice is done in individual case. In Threlfall they ensured that the wronged party was not left out of pocket and in Pintorex they prevented a successful claimant …
Continue reading "Costs: Party time?"
This post is only available to members.
Paul Jones advises when it is appropriate to issue costs-only proceedings ‘In Knowles v Goldborn, the court concluded that the claimant had failed to make any real or genuine attempt to agree settlement of the claimant’s costs and, therefore, the issue of costs only proceedings was premature.’ Any practitioner who deals with costs will almost …
Continue reading "Costs: Trigger happy"
This post is only available to members.
Wills & Trusts Law Reports | April 2014 #138The main action was a contentious probate dispute in which the defendant, who was the younger sister of the deceased, sought to overturn all of his five wills on the grounds of lack of testamentary capacity. The deceased had suffered from severe schizophrenia throughout his lifetime. The claimants were the residuary legatees of his final will, entitling them to the lion-share of the deceased’s considerable estate. In his main judgment, the judge accepted that the deceased’s condition was severe. He acknowledged that this placed the burden of proof on the claimants to establis...
Paul Jones examines what the position is when a client loses capacity part way through proceedings ‘If the claimant solicitors had been acting without authority, the fact that the defendant had dealt with them on the basis of their ostensible authority would not give rise to any form of estoppel on the defendant.’ In many …
Continue reading "Costs: Mental capacity and retainers"
This post is only available to members.
Wills & Trusts Law Reports | March 2014 #137This appeal concerned the one-fifths rule contained in s70 of the Solicitors Act 1974. That rule provides that if a solicitor’s costs bill is reduced by more than one-fifth at detailed assessment, the costs of that assessment will be borne by that solicitor. If there are special circumstances, the rule may be disapplied under s70 (10) of the Act.
The original action was a claim issued in the Central London County Court by a mother against her daughter, Miss Bentine, for the court to determine their respective equitable interests in certai...
Paul Jones examines the shift in costs recovery and potential problems ‘The Ombudsman had been entitled to reach the conclusion that a reduced sum should be payable in all the circumstances of the case.’ The Jackson reforms have seen a partial shift in responsibility for solicitor’s fees from culpable defendants to claimants. Success fees are …
Continue reading "Costs: Costs issues and the Legal Ombudsman"
This post is only available to members.
Paul Jones considers the need to take care drafting consent orders but highlights the courts’ reluctance to allow parties to side-step the rules ‘It was within the court’s power, when assessing costs on the standard basis, to have regard to the costs that would have been payable had the claimant complied with the RTA protocol.’ …
Continue reading "Costs: Fixed or standard basis costs; two sides of the same coin"
This post is only available to members.
Richard Adams sets out a reminder of the courts’ approach to costs orders in family proceedings ‘The approach of the court in making costs orders will depend on the exact nature of the proceedings, although the types of costs orders available remain the same.’ The recent Court of Appeal decision in Solomon v Solomon [2013] …
Continue reading "Costs: No order or a clean sheet?"
This post is only available to members.
Paul Jones reviews the approach of the court to a qualified one-way costs shifting agreement ‘The recent case of Vava v Anglo American Africa Ltd [2013], while based on the old law, gives an interesting perspective on the whole issue of one way costs shifting, particularly in large personal injury claims.’Qualified one-way costs shifting (QOCS) …
Continue reading "Costs: That’s not fair"
This post is only available to members.
Dan Carnall offers an overview of recent case law on cost budgeting ‘The judicial guidance highlights the importance and benefits of accurate budgeting, confirming that it is vital to remain vigilant throughout the life of a case and continually monitor each element of the budget.’The Jackson reforms introduced new rules providing courts with the ability, …
Continue reading "Costs: Counting the judicial cost"
This post is only available to members.
