Consequences of failure to comply with pre-action protocol. A judge had misdirected himself as to the applicability of the general rule on costs and had been wrong to reduce the recovery of costs by the successful party to nil for failure to engage in negotiations in accordance with a pre-action protocol. The Court exercised the judge’s discretion afresh, taking guidance from his view as to the way he would have treated the Claimant as the successful party without the Defendant’s willingness t ...
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Settlements made under optional risk offer schemes. Costs were determined in respect of settlements made under optional risk offer schemes which had not existed when the parties had originally entered into a claims handling agreement, which stipulated the fixed costs payable for settlements arising out of group litigation against the British Coal Corporation in respect of its liability to coal miners for respiratory injuries.
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The court made general observations about costs capping orders, but concluded that it was for the Civil Procedure Rule Committee to decide whether to take up the issues that had been raised, in particular in relation to the difference of judicial opinion as to when and in what circumstances costs capping orders should be made.
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In the light of the special features of the instant case, despite being identified as the "winner" the claimant would be entitled to only 75 per cent of its costs.
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Whilst the outcome of the parties' separate claims was different, the issues and the evidence were so inextricably intertwined that it was not appropriate to make an issue-based costs order and it was preferable to instead impose a percentage reduction of the claimants' costs which they could otherwise recover to reflect the defendants' success in certain issues.
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The natural and ordinary meaning of the Collective Conditional Fee Agreements Regulations 2000 reg.5(1) was that there had to be a provision in a collective conditional fee agreement providing for a success fee that complied with the specification set out in the regulation, but it did not additionally require the performance of the prescribed condition.
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Issue-based Costs Order. Where a guarantor had succeeded in setting aside a guarantee given to a bank but had fought the case on numerous distinct bases on which he had lost, one of which was an improper allegation of fraud, a judge had been entitled to depart from the normal rule that the unsuccessful party should pay the successful party's costs and make an issue-based split costs order.
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No jurisdiction to make percentage reduction of assessed costs. A costs judge did not have jurisdiction to make a percentage reduction of the assessed costs before embarking on a detailed assessment.
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Bill of Costs considered globally disproportionate. In the circumstances, a costs bill of £54,000 in relation to a road traffic claim was globally disproportionate, particularly where the claim was settled for only £10,000 and the case was not novel or complex demanding particular special skills. The equivalent to the reasonable costs of a one-day liability trial would be allowed in respect of the trial costs because liability issues could have been disposed of in a day.
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Claimant’s liability for costs incurred by Defendant before permission to apply for JR. In the context of a costs order in judicial review proceedings, which stated that the unsuccessful claimant was to pay "75 per cent of the costs of this claim not to include costs of the permission hearing...", it had been open to the judge in a detailed assessment hearing to order that the claimant was liable for 75 per cent of the costs reasonably incurred by the defendant prior to the grant of permission ...
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