Failure to commence detailed assessment proceedings in time. Where a party had failed to commence detailed assessment proceedings in time the court had the power to disallow both interest and costs, and it could not be said that where the court disallowed interest it would only be in exceptional circumstances that it could also disallow costs.
|
Costs of judicial review. The court made no order for costs where a claim for judicial review had been settled except as to costs, as the claim would not have, in the circumstances, proceeded beyond the permission stage and, if proceedings had been taken, permission would have been refused as there was an alternative remedy.
|
Adjudicator’s powers in respect of costs. On the correct interpretation of the agreement for adjudication the adjudicator's power to direct the payment of legal costs was not limited to circumstances in which he made a substantive contested decision on the dispute referred to him.
|
Indemnity principle. The indemnity principle had no application to the fixed recoverable costs provisions of CPR Part 45 (II), and in cases falling within CPR Part 45 (II) the receiving party did not have to demonstrate that there was a valid retainer or conditional fee agreement between the solicitor and client but merely had to show compliance with the relevant provisions of the CPR.
|
Apportionment of costs liability. In circumstances where costs had been incurred for two purposes, they had to be apportioned broadly between each of the purposes.
|
Both parties successful – No Order as to costs. In the circumstances, as both parties to an action could be regarded as having been successful, the court would make no order as to costs.
|
Costs Order not made as a result of unwillingness to negotiate – Refusal not demonstrated to be unreasonable. A costs order made by the court did not reflect a party's refusal to negotiate or enter into mediation prior to trial, as it had not been demonstrated that the party's position as to mediation and negotiation was unreasonable.
|
The judge had been wrong to order an assessment of costs on an indemnity basis where one of the parties had not been able to make representations about evidence and where the action had commenced 40 years earlier.
|
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.
|
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.
|
| 1 2 3 4 5 6 7 |