Paul Jones considers the date from which interest should run ‘In 2011 there were a number of decisions, including Gray v Toner [2011] and Motto & ors v Trafigura & anor [2011], that held that, where a case was funded by a CFA, interest should not run from the date of the order but should, …
Continue reading "Costs: Interesting times"
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Tom Farley-Hills calls for a reconsideration of the costs rules in family proceedings ‘Ultimately, under the current rules, the implications of rejecting the reasonable without prejudice offer are limited because of the no costs principle.’ When the Family Procedure Rules 2010 (FPR 2010) came into effect in April 2011, one of the significant changes they …
Continue reading "Costs: Costs principles"
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Paul Jones considers the cost consequences of pre-issue Part 36 offers ‘While ”proceedings” could be given a sufficiently wide definition to include work done prior to the issue of proceedings, where there were no proceedings at all, there could not be said to be a deemed costs order in proceedings that didn’t exist.’ CPR Part …
Continue reading "Costs: What constitutes proceedings?"
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Dominic Swallow and Christopher Perry contemplate the brave new world of costs management ‘While management of costs by the court may appear draconian, early adopters, particularly those involved within the Birmingham pilot, have discovered that there are significant cross-benefits in relation to providing clients with costs information.’ In these times of economic and legal change …
Continue reading "Costs: By order of the management"
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Paul Jones analyses the most noteworthy cases over the past year ‘A court still has a discretion to assess costs on the standard basis by reference to the sum that would have been recoverable on the small claims track if the case had been allocated to that track.’ The end of the year seems like …
Continue reading "Costs: A costly review"
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Wills & Trusts Law Reports | December 2011 #115The claimant had challenged the last will of the deceased dated 13 November 2006 (the deceased had died on 19 October 2008) on the bases of (1) lack of testamentary capacity, (2) want of knowledge and approval and (3) undue influence. The claimant failed on all those bases. The decision of Morgan J can be found at [2011] EWHC 1616 (Ch). On the issue of costs the claimant contended that there should be no order as to costs up to and including 26 September 2010 and thereafter that she should pay the defendant’s costs on the standard basis such liability not to be enforced without the...
Wills & Trusts Law Reports | December 2011 #115The appellant trustees sought permission to appeal from a costs order. An application had been issued in December 2006 pursuant to which the trustees sought sanction to pursue claims for (inter alia) breach of trust. Three related beneficiaries (Lorna, Fiona and Marcus) resisted the application as defendants, save in respect of a negligence claim against solicitors. In July 2008, Lindsay J declined to sanction any of the claims (save for the negligence claim) and made clear that the trustees had acted in an inappropriately partisan way. Directions were given for a costs hearing,...
Melanie Hart reviews the impact of the Trafigura case ‘Where the overall level of costs is disproportionate then each item of cost will only be recoverable if it passes the additional test of necessity.’ On 12 October 2011 the Court of Appeal delivered its judgment in Motto & ors v Ltd & anor (Rev 3) …
Continue reading "Costs: Get a grip – keeping a sense of proportion"
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Paul Jones discusses issues of proportonality ‘Issues such as proportionality, abandoned claims, costs of funding, success fees and ATE premiums form major elements in many costs disputes and it is helpful to have a current view of these issues.’ The costs dispute following the settlement of the group action against Trafigura, after the alleged illegal …
Continue reading "Costs: The return of Trafigura"
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Paul Jones focuses on the latest litigation arising from Part 36 ‘One of the ambiguities left by the wording of the current Part 36 is that it is somewhat unclear as to what the costs consequences might be of a Part 36 Offer which is made and then accepted before proceedings are commenced.’ When the …
Continue reading "Costs: When are proceedings not proceedings"
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