When awarding costs the judge had erred in not granting an adjournment to enable further evidence to be brought that could have helped in the assessment of those costs.
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Pre-CPR Settlement Order to be taken into account. An offer to settle made prior to the coming into force of the CPR and withdrawn some time before the trial should still have been taken into account by the judge when considering an order for costs.
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Indemnity Costs and Delay. The claimant, in a successful action that should have been commenced in the county court, was not prohibited on the grounds of jurisdiction from recovering the costs he ordinarily would have been awarded, where the actions of the defendant had caused delay in the proceedings and the judge had decided that, to avoid further delay, the case should be heard in the High Court rather than the county court.
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Abuse of Process – Matters raised in Points of Dispute. It was an abuse of process for a solicitor's client to seek to raise before the costs judge, by way of the points of dispute to the bill of costs on a detailed assessment, matters that could, and should, have been litigated before the court after the exchange of the pleadings in the pre-action protocol, but that had not been pursued after the protocol had run its course.
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Costs & Part 36 Offers. Where a claimant had accepted a Part 36 payment in circumstances such that the provisions of CPR r.44.12(1)(b) operated, a deputy master did not have jurisdiction to deprive the claimant of a mandatory costs order in its favour.
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Costs & Part 36 Offers. When dealing with costs the judge had erred in principle when ruling that a Calderbank offer made by the defendant either had full effect or no effect at all and, as a result, the costs order was manifestly unjust to the defendant who had made a clear offer substantially exceeding the amount that the claimant recovered.
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Non-Party Costs Order. It was not a requirement for the making of a non-party costs order against a director, who had funded and controlled litigation consequent on a claim brought by his company at his instance, that impropriety had to be shown in the way that the claim was prosecuted.
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Legal Advice & Funding. Where a member of the Chartered Institute of Taxation instructed a barrister under the Bar's Licensed Access Scheme, the presence of the barrister did not prevent the party on whose behalf the barrister had been instructed from being a litigant in person. The words "acting as a solicitor" in s.20 of the Solicitors Act 1974 were limited to the doing of acts that only a solicitor could perform and/or the doing of acts by a person pretending or holding himself out to be a so ...
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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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