When considering the extent and scope of the recovery of a CFA and ATE in an adjudication enforcement case a 20% rather than 100% uplift was awarded in circumstances in which the Claimant was virtually bound substantially to “win” its Claim, judged at the time when the CFA was entered into. There was little or no chance that the Claimant would actually wholly fail in the proceedings which had been issued. Similarly 20% of the ATE premium was ordered to be paid, there being no evidence from the C ...
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Before Exercising The Power Under CPR r.3.1(3) To Attach Conditions To An Order A Court Should Identify The Purpose Of Imposing Such Conditions
The Court of Appeal held that it was wrong that parties be permitted to use r.3.1(3) rather than Part 25 as a means for obtaining security for costs. An Order should not be made under r.3.1(3) to protect a defendant from being unable to enforce a judgment for costs against a personal claimant, who was resident within the jurisdiction or in one of the other member states of the European Union and was impecunious and whose conduct of the proceedings might be open to criticism, unless one or more a ...
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The Untraced Drivers’ Agreement 2003 Did Not Failed to Adequately Implement Art. 1(4) Of The Second Motor Insurance Directive
Hickinbottom J, in dismissing the Claimant’s claim for Francovich Damages, held that the Untraced Drivers’ Agreement 2003 did not fail to adequately implement Article 1(4) of the Second Motor Insurance Directive, Council Directive 84/5/EEC, now the Consolidated Motor Insurance Directive 2009) and that her Claim for Damages could not succeed. (1) It was rejected that the inquisitorial nature of the scheme of the 2003 Agreement lacked independence in that the MIB was both the investigator of claim ...
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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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