Solicitor’s failure to provide estimate of costs: The failure of a solicitor to give the client an estimate of costs in accordance with the Solicitors' Costs Information and Client Care Code did not render the contract of retainer unenforceable and it was a question for the discretion of the judge assessing costs in any particular case whether to take into account any failure by the receiving party's solicitor to provide an estimate as required by the code.
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A Solicitor’s failure to give an estimate of costs to the client in accordance with the Solicitors’ Practice Rules 1990 did not render the contract of retainer unenforceable. It was a matter in the discretion of the judge assessing costs. In the absence of a costs estimate, the judge would have to consider to what extent the costs incurred would have been lower had an adequate estimate been provided. It was deemed illogical to restrict the party who had failed to file a costs estimate to a fixed ...
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Costs – Money claims: In awarding a defendant all of the costs of a counterclaim that had only been partially successful in the context of a substantially successful claim, a judge had erred by failing to have regard to the principle in monetary claims that it was most important to identify the party who was to pay money to the other.
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Costs and Human Rights: The scheme allowing success fees to be recovered from the losing party to an action for defamation was compatible withArt.10 of the European Convention on Human Rights 1950, therefore a defendant could not argue that the threat of liability to pay a large sum by way of costs infringed its right to freedom of expression.
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Costs following discontinuance: The claimant was ordered to pay the defendant's costs on discontinuance of proceedings where it had been premature for the claimant to issue proceedings in order to obtain disclosure of documentation and there had been insufficient notice of the proceedings to the defendant.
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Appropriateness of Order for Security of Costs: Although there was reason to believe that the claimant company would be unable to pay the defendant's costs if ordered to do so, in the circumstances it would not be appropriate to order the claimant to give security for the costs of its action concerning the freehold of a property.
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Considerations for Protective Costs Orders: When making an application for a protective costs order for the first time at the appeal stage there was no reason why different considerations from those set out in R (on the application of Corner House Research) v Secretary of State for Trade and Industry (2005) EWCA Civ 192, Independent, March 4, 2005 should be applied.
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Costs Capping Order – group litigation: The senior costs judge quantified the amount of a costs capping order in respect of the claimants' costs in holiday group litigation on the basis that the litigation was being used to generate excessive and unreasonable costs and that the ability of claimants with modest claims to pursue their claims under the group litigation order came with the concomitant requirement that the costs be strictly controlled.
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A landlord was entitled to recover the costs of successful litigation against a tenant before the Leasehold Valuation Tribunal when this could be implied from a proper construction of the lease. The recovery of these costs was not precluded by Schedule 12 of The Commonhold and Leasehold Reform Act 2002. The tenant's argument that the lease did not envisage recovery of costs where costs could be recovered on conclusion of tribunal proceedings was rejected. The court found that the landlord had be ...
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It could be legitimately inferred from the conduct of the client that he had agreed to a proposed variation by a firm of solicitors of an initial retainer, in relation to an action brought by the client against his former employers, in order to reflect a collective conditional fee agreement entered into between the client's union and the firm. Further, under the agreement, the firm at first instance was required to recover charges directly from the union rather than the client, but the agreement ...
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