Stadlen J struck out as an abuse of process a libel action in which even if the claimant were successful on liability, she would be awarded only very modest damages which would be so disproportionate to the money and time which would be incurred in respect of the litigation and consequent trial.
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Stadlen J struck out as an abuse of process a libel action in which even if the claimant were successful on liability, she would be awarded only very modest damages which would be so disproportionate to the money and time which would be incurred in respect of the litigation and consequent trial.
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Motion for expenses:- The Inner House considered a motion at the instance of the respondents, for expenses to be granted in the application for leave to appeal to the court a decision of the Employment Appeal Tribunal, made by the applicant, Kenneth McAlpine. On 12 February 2010, the Inner House issued its opinion in explanation of its decision to refuse leave to appeal to the applicant, on the basis that none of the arguments sought to be raised by the applicant were arguable before a court. ...
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Master Erred In Making Non-Party Costs Order Against Family of Unsuccessful Litigant.
Mr. Anthony Thornton QC (sitting as a Judge of the High Court) held that a master had erred on the evidence in making a non-party costs order against the family of an unsuccessful litigation whom they had assisted in running a fraud action by the provision of loans to pay his legal costs. The master’s decision had been reached on a series of adverse findings and inferences which were not open to him on the evidence, particularly where he had rejected the third parties’ evidence without giving th ...
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Owen J ordered the defendant to pay the claimant’s costs on an indemnity basis in light of its conduct at the assessment of damages hearing at which it pursued what were unsubstantiated allegations to the effect that the claimant was deliberately exaggerating her symptoms. Whilst it was appropriate to test the claimant’s evidence, the allegations pursued went beyond that and were contrary to the claimant’s medical evidence.
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Norris J held that the claimant was entitled to an order that the defendants pay his costs upon discontinuing his claim against them, in departure from the usual costs consequences upon discontinuance pursuant to CPR r. 38.6. In circumstances where an unpredictable change in circumstances had rendered the claimant’s claim academic, Norris J exercised his discretion as to costs in the claimant’s favour and with reference to the general costs considerations as set out in CPR r.44.3.
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Notwithstanding Wide Ambit Of Discretion Judge Had Erred In Principle In Making Of Costs Order
The Court of Appeal held that the judge had, notwithstanding the wide ambit of discretion afforded to him, erred in principle in respect of costs orders made in relation to costs that had been incurred agreeing terms of a compromise agreement which the judge determined were not a necessary part of any compromise and had thus unnecessarily prolonged litigation. The Court of Appeal, upon the respondent’s agreement, held that the judge should not have sought to impose his own view as to whether the ...
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Solicitors Firm Liable For Non-Party Costs Order For Failure To Obtain Legal Costs Insurance
Mr. Waksman QC (sitting as a Judge of the High Court), held that the respondent second interested party, a firm of solicitors, were liable for a non-party costs order arising out of unsuccessful litigation pursuant to the Consumer Credit Act 1978. Mr. Waksman QC found that it had been the solicitors’ responsibility to obtain legal costs insurance for its clients and it had both failed to do so and failed to inform the clients that they had no insurance and were thus exposed to the risk of advers ...
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Master Entitled To Take Into Account Claimant’s Age And Urgency Of Case In Respect Of Reasonableness In Instructing Central London Solicitors
Tugendhat J upheld the master’s decision that it had been reasonable of the Respondent (the Claimant below) to instruct solicitors in Central London, as opposed to in Kent or outer London, to act on his behalf in respect of his claim for damages for personal injuries and loss arising out of his contact with asbestos during his employment with the MoD. Tugendhat J held that the master had been entitled to take into account the Respondent’s age, namely 82, and the urgency of the instruction in lig ...
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Failure To Raise Point Before Trial Judge Does Not Preclude Raising Of Point Before Costs Judge
The Court of Appeal held that it would be inconsistent with CPR r.44.3 and r.44.5 and with the duty of the court to ensure that costs were reasonable and proportionate, to preclude a party from raising a point material to that question before a costs judge on a detailed assessment, because it had not been raised before the trial judge. Whilst a costs judge may be assisted in an assessment of costs by an indication from the trial judge as to the way in which the trial had been conducted, no rule ...
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