When considering whether to make an award for indemnity costs, it was necessary to consider whether a party's conduct was such that it should attract the court's censure. The Respondent had not made a misleading statement and it was not game playing. It had made a striking out application which was not hopeless, and though no reason was given for its abandonment the application was not improper and it was supported by a witness statement. It was held that mere abandonment should not give rise to ...
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Following findings of contempt against two family members of a Claimant in which the Claimant's daughter was 6 months imprisonment suspended for 12 months and 3 months imprisonment for the Claimant's husband suspended for 12 months, the Court ordered the relatives to pay 70% of the Defendant insurer's costs. The case against a third family member failed entirely so she was entitled to her costs of the action. The Defendant's insurer's costs were reduced first to take into account the lack of suc ...
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The court was required to determine costs following settlement between the Claimant and the Defendants. Following a determination by the American courts, the Claimant sought payment of money. The Claimant demanded payment within four days. The Defendants initially disputed that it owed any monies but later agreed that they had no defence to the Claimant's claim and that they were content to submit to the court's judgment in the sum claimed and interest. However, costs remained in dispute. The De ...
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The applicant applied to correct a judgment Order so as to reduce the sum awarded to the respondent. After the Order had been made the applicants solicitors wrote to the respondent's solicitors informing them that the Order failed to take account of payments previously made such that the sum fell to be reduced which was strongly contested by the respondent. The instant application only sought to correct part of the court's Order. The slip rule could not be used to enable the court to have second ...
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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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