In this statutory appeal, a pressure group known as Road Sense appealed against a decision of the Scottish Ministers as the trunk and special roads authority in terms of the Roads (Scotland) Act 1984. The appellants sought a Protective Expenses Order in their favour in the present motion. Road Sense were appealing against the Scottish Ministers' proposal for the Aberdeen Western Peripheral Route [AWPR] consisting of a new four lane highway on a designated route that would loop around the w ...
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The petitioner had raised judicial review proceedings relating to plans to build a golf course and associated leisure development in an area along the coast to the north of Aberdeen. The petitioner sought judicial review of six grants of planning permission. The petitioner later abandoned her petition. In these proceedings, the petitioner was actively seeking to obtain legal aid and thereafter intended to apply for modification of her liability for expenses in these proceedings as an assi ...
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This is an appeal against a decision of two costs officers appointed to assess costs incurred inproceedings before the Appellate Committee of the House of Lords (‘the House of Lords’). Itconsiders the approach which should be taken by courts when awarding costs, and costs officers when assessing costs, in cases raising issues about the environment where European law and the Aarhus Convention provide that, because of the nature of such legal proceedings, they should not be ‘prohibitively expensiv ...
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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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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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