General rule – Costs follow the event: There was no reason, in the circumstances, to depart from the general rule that costs should follow the event. The landlords, who were successful in their action against the tenants, were entitled to all their costs.
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Entitlement to know opposing party’s legal costs insurance cover & estimated costs of action: A party's solicitors were entitled to be informed about the extent of the opposing party's legal costs insurance cover. They were also entitled to be informed if the estimated costs of the action had risen substantially, and if they encountered difficulty in obtaining that information they should make an application pursuant to Practice Direction : (Parts 43 - 48) : Schedule of Costs Precedents s.6.3 fo ...
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Varying order for security of costs: Where parties agreed security for costs in a certain sum, and agreed that that sum would not be increased even if there was a material change of circumstances, the court retained a residual discretion to vary the order where there were wholly exceptional circumstances.
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Non-party costs order: It was appropriate to make a non-party costs order against an individual and to join him in proceedings where he had exercised, through companies, substantial control over the course of those proceedings and had a personal interest in the outcome.
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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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