Costs & Damages

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. How......

Reparation:- On 5 October 2002, the pursuer was injured when working in a warehouse at 137 Shawbridge Street, Pollockshaws, Glasgow. The second defenders were the owners of the warehouse. The first defender was a director of the second defenders. At the time of the accident, the pursuer had been ......

Proof - Reparation:- The pursuer, a 67 year old man, formerly worked as a welder. At various stages during the course of his working life he worked as a welder for the three defenders. Since retiring from his employment the pursuer was diagnosed with a serious form of interstitial lung disease. I......

Indemnity costs. A trial judge's duty to assist the costs judge should not be defeated by the potentially paying litigant offering to pay costs on an indemnity basis while reserving the right to argue that its opponent's expenditure of costs had been extravagant or unreasonable. The Bank of Engl......

Acceptance of the Part 36 offer could have been treated as the local authority's willingness to compromise a particular claim without prejudice to the stance that it might adopt in other cases. It was held that the Part 36 regime was intended to encourage defendants to accept appropriate offe......

It was just to make a third party costs order against a non-party whose actions were responsible for effectively depriving a claimant of any realistic opportunity of recovering its costs. ......

Where successful claimants had lost on a distinct issue, it was appropriate to order them to bear certain of their own costs of that issue and pay certain of those of their opponents. ......

Application for interim payment pursuant to CPR Part. 25.7(1). The defendants resisted the application on the ground that the claimants' title to sue was too incoherent to justify an interim payment and submitted that the right measure of loss was diminution of value. Held, inter alia: To award......

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.Whe......

In an appeal against a finding that a fire was not caused by breaches of contractual and tortious duty, the public liability insurer of the successful defendants appealed an award of 50% of its costs. Held: The judge erred in making an order substantially influenced by the view that the insurer ......

The natural and ordinary meaning of the Collective Conditional Fee Agreements Regulations 2000 reg.5(1) was that there had to be a provision in a collective conditional fee agreement providing for a success fee that complied with the specification set out in the regulation, but it did not addition......

In the circumstances it was not appropriate to grant a third party costs order against persons who had provided the funds necessary to annul the claimant's bankruptcy, thereby enabling the claimant to bring proceedings against the defendant, and who had provided the claimant with a loan. The loan h......

Dispute raising the issue as to whether a contractual agreement concerning one way costs shifting had the effect that the successful defendant, who sought to set-off an order for costs in its favour, could not seek to enforce any costs order against the claimants. Held: A judgment or order for c......

Director liable for Company pursuing hopeless Counterclaim. Rimer J. held that where companies had irresponsibly pursued a hopeless counterclaim on the instructions and for the benefit of a controlling director, that director was made liable, jointly and severally with the companies, to pay the co......

The judge had erred in concluding that he ought to exercise his discretion under CPR r.48. He was wrong to conclude that each Defendant was only liable for 50% of the costs. The judge ought to have considered the extent to which each Defendant was liable for the cost of the proceedings to recover m......

Claimant ordered to pay costs on indemnity basis as sanction for taking 'futile and time-wasting procedural points'. The Claimant (C) wrote to the Defendant (D) asking for confirmation that it would file its costs budget 'on' 28 February. D agreed saying costs budgets should be f......

The Claimant had been injured in a skiing accident while on a package holiday organised by the Defendant. The Defendant denied liability and added her skiing instructor, the Third Party, to proceedings. The Claimant's claim was dismissed, as was the Defendant's claim against the Third Party......

No sanction imposed on party for filing costs budget one day late. The Fourth Defendant ('D4') filed her costs budget six days before the costs management hearing as opposed to the requisite seven. The Judge held that the breach was trivial; the Claimant had suffered no prejudice; the pa......

Agreement between Claimant and Solicitor. An agreement between the Claimant and his solicitor concerning the amount of fees payable, which fees were ultimately to be paid by the Defendant under a costs order, had not amounted to a void contingency agreement, and on its proper interpretation, the......

Cross appeals against an order made by an adjudicator in a fell title dispute apportioning the total of solicitors' costs between parties contractually liable under a conditional fee agreement and those who were not. Held, inter alia: The general principle of equal apportionment of joint ......

Costs & Part 36 Offers. Where a claimant had accepted a Part 36 payment in circumstances such that the provisions of CPR r.44.12(1)(b) operated, a deputy master did not have jurisdiction to deprive the claimant of a mandatory costs order in its favour. ......

The Pursuer raised an action of damages against the Defenders for loss and damage to her physical and psychological health. She claimed that the Defenders directly, and the teaching staff for whom they were vicariously liable, had failed to protect her from bullying. The Pursuer averred that she......

The defendant had failed to respond to an application notice or to provide disclosure by a deadline that he had proposed. The Claimant successfully recovered half of the costs in making an application to strike out the defence unless disclosure was provided. ......

Appeal against grant of an application served out of time to appeal an order for costs. Appeal allowed. Held: Although the power of the court to revisit a permission decision of a single judge made in the absence of one of the parties following a renewed application should be exercised sparingly......

Departure from the normal consequences of Part 36. Where a defendant to a negligence claim had placed early emphasis on the need for disclosure of particular documents to enable it to assess liability, the claimant had acted unreasonably and against the spirit of the Pre-Action Protocol by refu......

Pursuant to the acceptance of a Part 36 offer the court was asked to make an order as to costs where the claimant failed to comply with the Professional Negligence Pre-Action Protocol by refusing to disclose documents. Held: The normal order is that the claimant gets costs up to acceptance by ......

The court refused to grant the costs capping order sought by the Claimant (W). The court found that the requirements for granting a costs capping order had not been met. Firstly, the Claimant had a private interest in the claim (in that W sought compensation). Secondly, the costs in this claim had ......