The judge had erred in concluding that he ought to exercise his discretion under CPR r.48. He was wrong to conclude that each Defendant was only liable for 50% of the costs. The judge ought to have considered the extent to which each Defendant was liable for the cost of the proceedings to recover monies under the guarantee. He would be entitled to find that one Defendant could be liable for all or the majority of the costs of the proceedings. If V could not recover the costs of the proceedings f ...
|
Costs in proceedings to recover money under deed of guarantee: Each of the defendants was under a contractual obligation to pay all the costs and expenses arising out of proceedings involving recovery of monies under a deed of guarantee. It was held that the judge had erred in awarding costs in the terms sought by the defendants and in concluding that the only order that would give effect to the parties’ contractual rights was that each defendant should be liable for 50% of the whole costs of th ...
|
The local authority appealed against the District Judge’s finding that it was liable for the negligence of an educational psychologist in relation to the assessment of and provision of special education needs of the respondent. The local authority also appealed against the judge’s finding that the respondent was entitled to all his costs. On appeal it was held that there was a sufficient evidence to find that the psychologists negligence had caused the Respondent’s loss remedial teaching to mini ...
|
The court gave guidance on the principles and practice of making protective costs orders in public law cases. A protective costs order would only be made in exceptional cases. On the present facts, a protective costs order would be made where an application for judicial review was of general public importance because it related to the interests of the taxpayer in the support of major British companies in international trade and raised issues about the non-implementation of the published consulta ...
|
Where the husband in ancillary relief proceedings had given wrong and misleading information about a sum of money that was of a sufficient size to materially affect the final outcome, he could not complain if his conduct attracted an adverse order in costs. In a highly-charged situation, with serious allegations about conduct being raised on both sides, the obligation to provide proper disclosure was heightened. However, the wife's determination to run all arguments available to her, with a disr ...
|
| 1 |