Liability of professional funder: A professional funder, who had financed part of a claimant's costs of litigation in a manner which facilitated access to justice and which was not otherwise objectionable, should be potentially liable for the costs of the opposing party only to the extent of the funding provided.
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Publicly-funded party: Where a litigant had been publicly funded for part but not all of the proceedings, and the party entitled to recover costs against him had failed to seek a detailed assessment in time to satisfy the provisions in relation to the costs incurred during the period in which the litigant had been publicly funded, the receiving party was still entitled to recover her costs for the period in which public funding had not applied.
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Solicitors’ costs where not on record:Where no solicitors had been named on the court record as representing the successful party, the deputy master had been entitled to find on the evidence that the party had nevertheless been advised by a solicitor and that the costs of those services should be allowed.
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An appeal against an award of costs to a litigant in person was dismissed. Although no solicitor appeared on the record there was evidence to show that the litigant had received legal advice and assistance in preparation of his case. There was also evidence to show that the Claimant had paid for these services. In the circumstances their was no grounds for arguing that such an award of costs would be in breach the indemnity principle.
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A success fee of 100% entered into in the instant case was rejected and an uplift of 50% substituted. It was held that where a case had a better than evens prospect of success the appropriate uplift would be between 33% -50%. The Claimant’s submission that costs should be awarded on the indemnity basis was rejected. It was not unreasonable for the parties to delay settlement of the claim until the date of trial. It was unclear how liability would be apportioned between the two defendants. The d ...
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Percentage uplift under CFA: In a personal injury claim, where the claimants had sustained serious injuries and liability was uncertain, it was held that the appropriate percentage uplift under a conditional fee agreement was 50 per cent. This figure reflected the very significant element of risk which existed at the time when the conditional fee agreement was entered into.
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This case sounds a cautionary note to liquidators who issue proceedings for and on behalf of a company where they were open to being held liable for the Defendant’s costs when proceedings were dis-continued. In the instant case the liquidators were ordered to pay the costs of the third defendant despite his unreasonable conduct. A reduction of 40% was made to the third defendant’s costs to reflect the fact the delay in settlement caused by his unreasonable conduct.
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In this case the court had to determine the effect of a Part 36 payment covering the whole matter where there had been a trial on a preliminary issue. The court found that the provisions of Part 36 encouraged an approach whereby the question of costs would be adjourned until all the issues in the case had been resolved. At that stage the court could exercise its discretion in relation to the Part 36 offer or payment. CPR r. 36.19 did not allow for the disclosure of the Part 36 payment in. In the ...
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Costs of judicial review application where pre-action protocol not complied with: Where the claimant has discontinued its judicial review application, thus rendering it liable to pay the defendant’s costs, those costs would be reduced to reflect the defendant’s failure to comply with the judicial review pre-action protocol.
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No order as to costs where insufficient material to decide apportionment on the basis of the parties’ success on issues in dispute: Although costs ought to have been apportioned to reflect the appellant's success on a number of the allegations made in the respondent's defence and counterclaim, it had not been possible for the court to reach a view as to an appropriate amount to apportion since there was inadequate material upon which to form such a view. Accordingly, it was held that the appropr ...
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