Costs & Damages

Following a judgment refusing permission to appeal, the court noticed a procedural irregularity and requested submissions on whether the effect of an order stating that the appellant, a third party, was liable for costs 'in accordance with the default costs certificate' issued against the c......

It was held that although the judicial review proceedings which were the subject of the claim for costs had become academic, the Claimant was still entitled to her costs of issuing those proceedings because at the time when those proceedings were issued the Claimant had a good grounds for seeking r......

Low value RTA claim settled under the terms of a Part 36 offer, the costs were to be assessed under CPR 45 Part II rather than on the standard basis.The appellants, who had been claimants in low-value road traffic accident claims, appealed against decisions to award costs in accordance with Part 45......

Application for an extension of time and relief from the sanction of strike out for failure to comply with orders for security for costs. A subsequent application for variation or revocation was not before the court. Held: When considering an application for an extension of time in a case of an......

Unsuccessful claimants sought a general discount to reflect points lost by the defendants and challenged items claimed on the defendants' cost schedule. Held: A defendant, which has no choice but to defend itself, should not be penalised in costs when points aid the Court in the overall mean......

In November 2007, the pursuer's Toyota Celic motor vehicle was damaged by a City of Edinburgh Council refuse collection vehicle, whilst parked outside the pursuer's workplace. The pursuer had recently purchased his vehicle for the sum of £1,700. On 10 March 2008 the defenders' insurers wrote t......

A defendant who applied for summary judgment when he knew, or ought to have known, that his application was not justified was ordered to pay the costs of the application on the indemnity basis. The Claimant (C) issued proceedings against the Defendant (D), claiming outstanding fees and fees unde......

Application for permission to appeal a costs order following the grant of summary judgment in a claim for the return of sums obtained by forged cheques drawn on a firm's accounts. Permission to appeal granted. Held: The order was drafted too broadly and did not reflect that the claimant had ......

Claimant limited to costs recoverable in the Small Claim Track: In a claim where the claimant had claimed damages for credit hire but the claim had failed at trial because the judge had held that the claim should properly have been brought for loss of profits, HHJ Oliver-Jones QC held that prior to......

Where defendants failed to engage or co-operate in costs budgeted litigation, it was appropriate to award indemnity costs to the wholly successful claimant. ......

A landlord was entitled to recover the costs of successful litigation against a tenant before the Leasehold Valuation Tribunal when this could be implied from a proper construction of the lease. The recovery of these costs was not precluded by Schedule 12 of The Commonhold and Leasehold Reform Act ......

Proof:- In this action the pursuer sought damages from the defender for injuries suffered by him following an accident. On 23 April 2005 the pursuer was travelling south through the village of Blackridge on a motorcycle, with his son as a pillion passenger when, as he reached the crest of a hill as......

Wasted costs order made against the claimant where there was unreasonable refusal to consent to an adjournment of a trial date where it was virtually impossible to have the case prepared in time. Directions were given in June 2012 for the preparation of a joint expert report. The trial was liste......

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 c......

Purported acceptance of Part 36 offer was invalid when it was not served on the offeror's address for service in accordance with r.36.9(1) and r.6.22(3). The claimant purported to accept the defendant's Part 36 offer by personally serving handwritten acceptance during the course of an ad......

Judgment on substantial costs in which the claimant, accepted as the successfully party overall, was awarded over £6m damages and had beaten its two Part 36 offers of £5.5m and £4m respectively. Held: It is in accordance with principle to deal with a disallowance of costs before t......

In the light of the special features of the instant case, despite being identified as the "winner" the claimant would be entitled to only 75 per cent of its costs. ......

Solicitor Has an Interest if a Reasonable Person Thinks it Would Affect Their Advice to the Client: The Court of Appeal held that, for the purposes of Regulation 4 of the Conditional Fee Agreements Regulations 2000, a solicitor had an interest if a reasonable person with knowledge of the relevant f......

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 o......

Appeal against, inter alia, an overall costs order, which included amendment costs where the successful party had been granted the amendment and costs of an interim injunction. Held: The general rule is that those who obtain permission to amend are ordered to pay the other parties' costs of......

As the claimants had shown that there was a real risk that any judgments made in their favour would not be satisfied, freezing orders in varying amounts were made against the defendant. ......

Indemnity Costs and Delay. The claimant, in a successful action that should have been commenced in the county court, was not prohibited on the grounds of jurisdiction from recovering the costs he ordinarily would have been awarded, where the actions of the defendant had caused delay in the proceedi......

Appeal against strike-out raising the issue of whether an unsuccessful claimant may recover costs against a third party who benefits from the final judgment on the ground of unjust enrichment. The respondent sought summary judgment. Appeal allowed. Application for summary judgment refused. Held:......

The issue was whether a failure to include a full Statement of Truth in a costs budget breached CPR 3.13. Held: There is nothing in the rules or practice directions which requires any and every failure to comply with the formal requirements for budgets as rendering the budget a ity. Although the......