The Claimant, who was a litigant in person applied for costs against her landlord in respect of her time preparing an appeal against an award of damages for breach of a repairing covenant. The Claimant had sought costs of over £15,000 for her time and disbursements. The Court held the amount of costs claimed was unjustifiable and disproportionate. Considerations of fairness and proportionality in CPR r44.3 required that the she should only be compensated for the part of her effort referable to t ...
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The pursuers were the Scottish Ministers’ Civil Recovery Unit. The defender was a suspected heroin dealer who had cash seized from his house during a police search under s.23 of the Misuse of Drugs Act 1974. The pursuers sought to have the money forfeitured under the Proceeds of Crime Act. However, before the case proceeded to proof the pursuers moved to have the action dismissed due to lack of evidence with no expenses due to or by either party. The defender agreed to the dismissa ...
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A C was awarded his costs in full where he had recovered more than the amount offered by the D. Even though he had exaggerated his claim, his conduct was not in the circumstances, such as to justify a departure from the general rule that the unsuccessful party should pay the costs of the action.Where one party made a Pt36 offer and then achieved a more advantageous result than that which he had proposed, the provisions of r.36.14 modified the court's general discretion in respect of costs. Parti ...
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It would not be unjust to award the offeror all of its costs because had the offer been accepted no further costs would have been incurred thereafter. The fact that an offer had been withdrawn did not necessarily deprive the offer of effect on the question of costs. In such a case the defendant should have accepted the offer when it was available and having failed to do so should have appreciated the costs risk and taken protective steps by making a realistic Part 36 offer. However, depending up ...
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What appear to be time limited offers can still constitute Part 36 offers Part 36 did not expressly exclude time limited offers however to constitute a Part 36 and have effect in terms of its costs consequences after trial, the offer had to be available for acceptance prior to trial. Therefore an offer that lapsed as a matter of its own terms could not have the Part 36 costs consequences and was incompatible with the Part 36 regime. It was reasonable to interpret a letter with the wording ...
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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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