Alistair Maughan examines the costs awards in partly successful bidder challenges the court decided that the right approach was to make a proportionate costs order to reflect the extent to which Mears had not been selective in its claims.Despite the liberalisation of the remedies regime, in relation to public procurement over the past three years, …
Continue reading "Costs: The winner won’t take it all"
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Paul Jones discusses fixed success fees ‘The key issue, so held the judge, was that there was no express definition of a disease with CPR 45.23. In the absence of a particular definition, the court could only interpret disease within the ordinary meaning of that word.’ Fixed success fees have resulted in far fewer cases …
Continue reading "Costs: When is a disease not a disease?"
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Vicki McLynn considers the importance of procedural compliance when seeking an order for costs ‘The preparation of a precautionary Part III MFPA 1984 application was forced on the wife by the husband’s stance in the litigation that, by reason of a valid talaq, the wife could not pursue an English divorce petition.’ In the case …
Continue reading "Costs: Fair assessment"
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Wills & Trusts Law Reports | June 2012 #120C left a will appointing her son and daughter as executors and benefiting her family. Initially, both the son and the daughter instructed a solicitor, D. There was a dispute as to £200,000 which had been transferred out of the estate (although it was not clear when) by the daughter. D suggested that the daughter obtain independent advice, which she did. D was then only instructed by the son. The son brought proceedings for an interim injunction preserving the £200,000, which were compromised but the ultimate issue of ownership not finally resolved. There was a breakdown in relations betw...
Paul Jones advises that retainers must have sufficient clarity ‘Where a bill was not paid, the terms gave the solicitor the right to suspend or terminate their services and there was a general clause giving the solicitor the right to terminate the retainer on reasonable grounds after giving reasonable notice.’ Every solicitor has horror stories …
Continue reading "Costs: When is a termination not a termination?"
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Nick Rowles-Davies examines the views of the Institute for Legal Reform’s views on the English and Welsh third-party funding market ‘In recent months, the ILR has focused on the English funding world and attempted to derail the Code of Conduct put forward as the necessary framework for self-regulation of litigation funders.’ Now that the Liberal …
Continue reading "Costs: The cost of everything"
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Wills & Trusts Law Reports | May 2012 #119Mr Wharton (D) died in 2008 and was survived by his second wife, Maureen (M), and by his three adult daughters, Victoria, Gina and Amanda. D and M had been living together for 32 years but only married three days before D’s death. He had been discharged from hospital earlier that day so that he could spend his last few days at home. During this time his solicitor (B) visited him at home and took instructions from him for a will. This left his entire £4m estate to M, in contemplation of their marriage that took place the same evening. Essentially, D made a ‘deathbed will’...
Claire Glaister highlights the court’s approach to costs in GS v L and issues of conduct ‘Since the change in rules, the courts have been reluctant to depart from the general rule, and many family lawyers and their clients alike feel that this has caused injustice.’ The Family Proceedings (Amendment) Rules 2006 came into force …
Continue reading "Costs: Costly behaviour"
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Paul Jones highlights technical challenges to the MoJ scheme that will face an uphill struggle ‘The court held that, absent an express provision dealing with a failure to comply with para 6.10, there was no automatic exiting of the MoJ portal where there was non-compliance.’ As the debate surrounding reform to the legal costs system …
Continue reading "Costs: The other fixed costs regime"
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Mark Surguy assesses the impact of Germany v Flatman ‘Section 51 of the Senior Courts Act 1981 gives the court power to determine by whom the costs of litigation shall be paid. This can include a non-party and a non-party can include a party’s solicitor.’ The scope of the jurisdiction to make a non-party costs …
Continue reading "Costs: Who paid the ferryman? Damned if you do, damned if you might have done"
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