Register | Login
CASECHECK CASECHECK
CaseCheck(tm) Case Reports
Below are our most recent case summaries of Scottish Courts case reports, Employment Appeal Tribunal Decisions, Employment Tribunal decisions and House of Lords decisions. Please use the links on the left to access the case reports case summaries by case type. The CaseChecktm Scottish Courts,  Employment Tribunal summaries and House of Lords summaries can also be searched using our case reports search facility. The case reports search facility is available to registered users.
 
Where possible we have linked our case summaries to the corresponding judgment on the Scottish Courts Website or Bailii

**All information pertaining to the Scottish Courts Judgements remains the subject of crown copyright but may be reproduced without formal permission or charge for personal or in-house use.

Costs
Select Your Region: Scotland  England and Wales  UK  Northern Ireland  Europe  All
Selected Region: All
By Law Brief Publishing on 24/02/2010 9:54 PM
Two Unsuccessful Parties Ordered To Split Costs Of Successful Party Equally As Two Actions Indistinguishable
The Court of Appeal upheld the Judge’s order that the appellant pharmaceutical company, which had unsuccessfully applied for the revocation of a patent, was jointly liable along with the other unsuccessful pharmaceutical company, for the costs of the successful party. The appellant’s action was initially separate to that of the other unsuccessful pharmaceutical company but ultimately such actions were ordered to be heard simultaneously before the same Judge. Prior to the commencement of the tria ...
By Law Brief Publishing on 29/12/2009 10:38 PM
No Order For Costs In Court Of Appeal Against Unsuccessful Respondent Where Litigation Began In Cost- Free Jurisdiction
The Court of Appeal held that whilst in the Court of Appeal it is usual for costs to follow the event, in the instant appeal, the appropriate order was no order as to costs. The Respondent individual began proceedings in the Employment Tribunal, being a cost-free jurisdiction. Although unsuccessful at first instance, the Respondent succeeded before the Employment Appeal Tribunal. The Appellant wished to overturn a line of EAT authority and thus the Respondent was pitched against his will to come ...
By Law Brief Publishing on 29/12/2009 10:37 PM
Unsuccessful Claimant Ordered to Pay Costs of Contribution Claims Between Defendants
Ouseley J held that where personal injury proceedings were commenced against a number of defendants and based on inter-related facts, it was foreseeable that contribution proceedings as between those defendants would follow. As in the instant case the contribution issues added only negligibly to the duration of the hearing, the costs of the contribution proceedings should be categorised as contingent on the Claimant’s success in the main action, in which he failed. Accordingly, such costs were t ...
By Law Brief Publishing on 03/12/2009 4:27 PM
Protective Costs Order Not Available in Private Litigation
The Court of Appeal held that a court could not make a protective costs order (‘PCO’) in private litigation. The Appellant’s claim was for discrimination on the grounds of religion and for harassment, following British Airway’s refusal to allow her to wear a visible cross with her uniform. The Appellant had been unsuccessful in her claim before the ET and EAT, but had been granted permission by the EAT to appeal to the Court of Appeal and sought a PCO to protect her against the real risk of havi ...
By Law Brief Publishing on 02/11/2009 10:26 AM
Good Arguable Case for Third Party Costs Order Against Claimant’s Parents Funding Litigation
Blake J held that the Defendant school was entitled to an ancillary order as to disclosure in its application for a third party costs order against the Claimant’s parents, following the discontinuance of the Claimant’s claim for substantial damages for failure of the Defendant, his former school, to take measures to prevent him from being bullied. Notwithstanding that this was a case of family funding, Blake J considered that there was merit in the Defendant’s argument that this was not a case o ...
By Law Brief Publishing on 28/10/2009 11:06 AM
Blair J held that a Claimant was not entitled to recover a fee he had paid to a claims handling company that, pursuant to a conditional fee agreement, had successfully handled his claim for vibration white finger injuries. There was no legal justification for implying a contractual term that the company had to disclose to the Claimant that it would also receive a fee under a government scheme if the claim was successful. As the Claimant only had to pay a capped fee in the event that he was succe ...
By Law Brief Publishing on 08/10/2009 6:54 PM
The Law Society should take in to account the means of a solicitor in approaching sanctions and costs and that where exceptional poverty was present a commensurate reduction in the fine and costs order which was proportionate to the breaches of the code and took in to account the prospect of future earnings was appropriate.
By Law Brief Publishing on 04/09/2009 10:55 AM
Costs Apportionment In Line With Liability Upheld: The Court of Appeal held that the trial judge had been entitled to award costs in accordance with his finding of a 65:35 split on liability as, having regard to the Defendant’s cross-claim, he had been correct to decide that justice was best served by him doing so. Although the cross-claim was “by the wayside” and not a formally pleaded Counterclaim, and it was not mentioned by the judge when making the Order, it was clear that liability in the ...
By Law Brief Publishing on 04/09/2009 9:59 AM
Court Erred in Ordering Claimant to Pay Security For Costs: The Court of Appeal held that the High Court had erred in ordering the Claimant to pay security for costs in respect of its claim. Although the precondition to make such an order, that the Claimant had no assets, had been satisfied, the Court should have taken into account other factors that pointed away from making such an order. The Claimant had a bona fide claim, on the evidence before the Court one side or the other was bound to win ...
By Law Brief Publishing on 06/08/2009 2:14 PM
Defendant Should Have Been Awarded Costs Where Claimant Abandoned Claims at the Court Doors:-The Court of Appeal held that a judge had been incorrect to make no order as to costs in circumstances where a case settled on the day of trial with the Claimant abandoning most of his claims. In the circumstances, costs should have followed the event, and the judge had erred in the exercise of his discretion by not doing so. The Claimant was ordered to pay the Defendant’s costs on the standard basis; it ...
1 2 3 4 5 6 7 8 9 10 ...
Latest Jobs
Para-Legal, Aberdeen - An opportunity has arisen for a Paralegal in a well respected legal organisation in Aberdeen By Michael Page International (11/03/10) ... more

In House Litigation Lawyer, Edinburgh - Leading FS organisation is looking to appoint an in house litigation lawyer in Edinburgh to deal with arange of contentious work By Michael Page International (11/03/10) ... more

In-House Supply Chain, Aberdeen (AC09460) - International Oil and Gas Operator require a supply chain lawyer to join their dynamic team. You must possess previous supply chain experience from the oil and gas industry and this represents an excellent opportunity to progress. By Thorpe Molloy (04/03/10) ... more

Residential Property Solicitor, Aberdeen (AC09441) - Leading Aberdeen practice require an experienced residential property solicitor, ideally with a client following, to join their team. You must possess a strong background in residential property work, preferably in the Aberdeen area and there are excellent prospects on offer with this respected firm. By Thorpe Molloy (25/02/10) ... more

Oil and Gas Solicitor, Aberdeen (AC09444) - Leading national law firm currently require an additional oil and gas lawyer to operate from their Aberdeen office. You must possess previous upstream oil and gas experience and the role will involve working on a range of upstream oil and gas transactions for the firm’s extensive client base. Excellent long term career prospects on offer together with an attractive package. By Thorpe Molloy (25/02/10) ... more

Contentious Construction lawyer, Edinburgh - The role will involve all areas of contentious construction, and allow the successful candidate to become involved with business development and further client relationships. By Michael Page International (18/02/10) ... more

Interim In House Solicitor, Edinburgh - The role will involve all areas of investment management from assistance with product development and regulatory legal issues to general commercial legal drafting, negotiation and transactional work. By Michael Page International (11/02/10) ... more

Case Investigations Manager & Gateway Team Manager, Edinburgh - Scottish Legal Complaints Commission. We are looking for people with the vision, determination and drive to form a key part of our management team and lead our people, achieve objectives and play a central role in making a real impact for the people of Scotland. By Michael Page International (03/02/10) ... more

Employment Associate/Partner, Edinburgh - This is an excellent role for either a Senior Associate or a partner in an existing practice, covering both contentious and non contentious Employment matters, and potentially related issues. By Michael Page International (28/01/10) ... more

Commercial Property Solicitor, Aberdeen (AC09370) - Dynamic Aberdeen practice firm require a Commercial Property solicitor to supplement their existing team. By Thorpe Molloy (28/01/10) ... more

Show Articles Published:
Range From
Range From
 
CaseCheck Limited can be contacted at First Floor, George House, 36 North Hanover Street, Glasgow, G1 2AD, 0845 620 5664, info@casecheck.co.uk
CaseCheck(tm) is brought to you by CaseCheck Limited, Registered in Scotland No. SC325811.We take our job seriously and for this reason we respect your privacy, your data and the use you make of our site.   This work by CaseCheck Limited is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 2.5 UK: Scotland License Creative Commons License. Please take a moment to read our legal notices: Disclaimer/Copyright Notice, Terms and Conditions, Privacy Policy.
This content is made available by CaseCheck Limited under a Creative Commons Licence