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Costs & Damages

Cost & Damages cases and legal advice on claiming cost & damages for compensation for loss or injuries sustained in the UK.

Reparation (100)

R v Denbighshire Local Health Board & Anr, High Ct (QBD, Admin) 17/2/2006

Costs of judicial review. The court made no order for costs where a claim for judicial review had been settled except as to costs, as the claim would not have, in the circumstances, proceeded beyond the permission stage and, if proceedings had been taken, permission would have been refused as there......

Rachel Davis v. (1) John Catto & (2) CIS General Insurance Limited and Stephen Skinner [2010] CSOH 93

In March 2006, the first defender was driving his vehicle at speed on the A832, lost control of the car and was involved in an accident after the vehicle overturned. The pursuer sustained serious injuries as a result of the accident. The loss of control occurred at a time when the first defender ha......

Radu v Houston & Anor [2006] EWCA Civ 1575 (22 November 2006)

Where a court, despite granting permission to appeal, had made an unless order, with the effect that if security for costs was not put up by the claimant the action would be struck out before any appeal came on for hearing, the order was inappropriate. If a default judgment had been entered pursuan......

Raja v Van Hoogstraten & Ors [2006] EWHC 1315 (Ch) (12 June 2006)

By murdering the opposing party, who was a vital witness to the litigation, the defendant had rendered a fair trial no longer possible and had denied himself the right to proceed with his defence and counterclaim. ......

Rangos v Secretary of State of Business Innovation and Skill & Anor (2012), Ch D - 24/04/12

Costs to be paid for detailed assessment when Claimant only beat offer by a small marginThe appellant appealed against a Costs Master's Order requiring him to pay the costs of detailed assessment having won the underlying proceedings. After a long and costly costs proceeding the Master awarded the ......

Rasoul v Linkevicius & Anor [2012] Central London County Court (Judge Collender QC) - 05/10/12

Wasted costs order made against the claimant's solicitors where there was clear evidence of incompetence that could fairly be termed as negligence. A wasted costs order was granted against a solicitors firm which had pursued a road traffic accident claim on behalf of a claimant as there was ......

Rasoul v Linkevicius and Groupama Insurance Co Ltd (Central London County Court) - 05/10/12

A wasted costs order was granted against a solicitors firm which had pursued a road traffic accident on behalf of a claimant. At the outset the defendant's insurers had written alleging the claim was fraudulent and this was repeated in the defence. The claimant's witness statement did not c......

Raymond Allan Sinclair McGregor v. Alpha Airports Group plc [2010] CSOH 110

Minute of Amendment:- In this action for reparation a proof has been fixed for 23 November 2010. The pursuer is a party litigant who formerly had the assistance of both solicitor and counsel. On 1 December 2009 Lord Bannatyne ex proprio motu discharged the second diet of proof and motions on behalf......

Raymond Allan Sinclair McGregor v. Alpha Airports Group plc [2010] CSOH 51

Motion for expenses and caution:- In this action the pursuer sought damages from the defenders for injuries which he sustained as a result of an accident while in the course of their employment at Inverness Airport on 18 June 2003. It was the pursuer's case that he sustained the injuries to his bac......

Raymond Munro v William Sturrock t/a Scotmaps [2010] CSOH 116

This case concerned an accident in 2004. The accident occurred during the "Little the Jewellers" Speyside Stages Rally. The rally was part of the Scottish Rally Championship and the pursuer was the reigning Scottish Rally Champion. Prior to competing in the rally the pursuer, and other competitors,......

Re B (Children) CA (Civ Div) 26/5/2005

Publicly-funded party: Where a litigant had been publicly funded for part but not all of the proceedings, and the party entitled to recover costs against him had failed to seek a detailed assessment in time to satisfy the provisions in relation to the costs incurred during the period in which the l......

Rebus Lmds Ltd v Jeffrey Green & Russell (A Firm) High Ct (Ch D) 17/11/2006

Where the costs of litigation were sought to be recovered as damages in a negligence action, the appropriate method of assessment was the amount that would be awarded on assessment by a costs judge on the standard basis. ......

Rehill v Rider Holdings Ltd [2014] EWCA Civ 42 - 15/01/14

Successful appeal against refusal to apply the costs consequences of Part 36 to a Claimant who refused to accept an offer that he subsequently failed to beat. The Claimant ('C') claimed damages for personal injuries sustained when he was knocked down by a bus. Liability for the accident ......

Reid v The Capita Group Plc, High Ct (Ch D) 17/10/2005

Costs following discontinuance: The claimant was ordered to pay the defendant's costs on discontinuance of proceedings where it had been premature for the claimant to issue proceedings in order to obtain disclosure of documentation and there had been insufficient notice of the proceedings to the de......

Relfo Ltd v Varsani & Anor [2013] EWHC (Ch) (Sales J) - 14/02/13

Application for stay of an order for payment on account of costs pending appeal was refused. The applicants applied for a stay of an order for an interim payment on account of costs pending an application for permission to appeal. The usual rule that a successful party should not be deprive......

Relfo Ltd v Varsani & Anr [2013] EWHC (Ch) - 14/02/13

Application for stay of an order for payment on account of costs pending appeal was refused: The applicants applied for a stay of an order for an interim payment on account of costs pending an application for permission to appeal. The usual rule that a successful party should not be deprived of ......

Republic of Kazakhstan v Istil Group Inc [2005] EWCA Civ 1468 (09 November 2005)

Varying order for security of costs: Where parties agreed security for costs in a certain sum, and agreed that that sum would not be increased even if there was a material change of circumstances, the court retained a residual discretion to vary the order where there were wholly exceptional circums......

Richardson Roofing v. Ballast PLC, CA, 13/2/09

Trial Judge Could Not Direct Costs Judge to Paragraphs in the Judgement The Court of Appeal held that an Order given by the trial judge in which he directed the costs judge to assess costs by reference to six specified paragraphs in his judgment could not stand. As a matter of practise, it was......

Riva Bella SA v Tamsen Yachts GMBH (Costs), (2011), EWHC 2338 (Comm)

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 t......

Roach v. Home Office, QBD, (25 February 2009)

It was held on appeal that the costs of attendance at an inquest were not incapable of being recoverable as costs incidental to subsequent civil proceedings. Where a solicitor did not attend an inquest, he might well be able to claim as incidental to civil proceedings the costs he incurred prior to......

Road Sense, an unincorporated association, and William Walton, Chairman of Road Sense, as its representative and as an individual against a decision of the Scottish Ministers [2011] CSOH 10

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 Sen......

Robert Smith v. Dumfries & Galloway Health Board [2007] CSOH 192

Reparation - Additional Fee:- On behalf of the pursuer a motion was enrolled to allow inter alia an additional fee in terms of Rule of Court 42.14 (3) (a), (e) and (g). The motion, in relation to the additional fee only, was opposed by the defenders. It was submitted on behalf of the pursuer that (......

Rogers v Merthyr Tydfil County Borough Council [2006] EWCA Civ 1134 (31 July 2006)

A party who had an after-the-event insurance policy with staged premiums should have informed its opponent of that fact and should have set out the trigger moments when the second or later stages would be reached. ......

Royal Bank of Scotland Plc v Highland Financial Partners LP & Ors [2013] EWCA Civ 472 - 30/04/13

Dispute as to costs incurred at first instance and on appeal, and the timing and rate of interest to be applied. Held: The general rule is that the unsuccessful party will be ordered to pay the costs of the successful party, which is only departed from if the circumstances of the case require it......

Ryder Plc v Beever [2012] EWCA Civ 1737 - 21st December 2012

Appeal concerning an application for relief from the sanction of strike out for failing to serve a costs schedule. Held; The delay in providing the costs schedule had not caused any real prejudice to the defendant nor had it delayed the progress of the action. There was no justification for strikin......

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