30 results
3 Aug 2018 10:47
Part 36: no presumption in favour of indemnity costs on late acceptanceJune 23, 2018 Where the defendant accepts a claimant's Part 36 offer after expiry of the 21 day period, many claimants (and legal commentators) have argued that the claimant should be entitled to recover indemnity costs from the expiry of the relevant period, just as they would if the case had gone more...
3 Aug 2018 10:37
QOCS: Costs orders enforceable against damages awards obtained against other defendantsJuly 18, 2018 Where a claimant in a QOCS case sues multiple defendants and recovers damages against one or more of them, any successful defendants with costs awards in their favour can enforce them against those damages, the Court of Appeal has decided - but only if the damages are obtained pursuant more...
UNFETTERED DISCRETION TO DETERMINE FUNDAMENTAL DISHONESTY AFTER DISCONTINUANCE
Whether allegations of fundamental dishonesty should be determined after discontinuance is subject to a wide and unfettered discretion of the judge, referable only to the circumstances of the case and the overriding objective. There is no requirement within the rules for there to be exceptionality: more...
Riaz v Ashwood: the latest decision in a cluster of applications by clients seeking disclosure of their former solicitors’ file.
Master James has noted that courts are receiving a large and increasing number of these types of claims; the increase was attributed to a new business model by which new lawyers seek to challenge the deduction by previous solicitors from their client’s damages of a success fee under a post-LASPO CFA more...
5 Apr 2018 13:27
COSTS BUDGETINGIntroduction Costs budgeting is plainly important, as I will amplify later, but it is rarely thought to be interesting. However, there is now a fair body of law and practice, and there is some craft in producing, developing and attacking budgets. I will start at the beginning. Costs budgeting more...
28 Mar 2018 09:59
Riaz v Ashwood: The latest decision in a cluster of applications by clients seeking disclosure of their former solicitors’ file.Note by Stephen Innes of 4 New Square. The latest decision in a cluster of applications by clients seeking disclosure of their former solicitors’ file. Hat-tip to my colleague Paul Parker of 4 New Square, who appeared for the successful solicitor. Master James has noted that courts are receiving a more...
19 Mar 2018 11:30
A costly slice of the cake? Litigation funders and security for costsIf a defendant is successful in defending a claim brought with the assistance of litigation funders who had an interest in the litigation, that defendant can apply under section 51 of the Senior Courts Act 1981 for a non-party costs order against the litigation funders. A recent example of such a more...
Costs Liability of Unsuccessful Funders
In Excalibur Ventures LLC v Texas Keystone Inc & Others [2016] EWCA Civ 1144 the claimant had entered into a conditional fee agreement with its solicitors and obtained third party funding in order to pursue its claim. The litigation was complex and costly. Groups of funders and their parent more...
“Fundamental Dishonesty” in the Court of Appeal
“Fundamental Dishonesty” in the Court of Appeal Paul Mertens reviews the recent decision of Howlett v Davies [2017] EWCA Civ 1696, the first case in which the Court of Appeal has considered the approach to “fundamental dishonesty” as an exception to Qualified One-Way Costs Shifting (QOCS) under CPR more...
Challenging the Legality of a Change in Funding Arrangements: Dial Partners LLP v Eastern Airways International Ltd
The recent decision of the Senior Courts Costs Office in Dial Partners LLP v Eastern Airways International Ltd Case No: CL-2015-000421 offers an interesting review of the principles regulating the right of a receiving party in litigation to change its funding arrangements before settlement or more...
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