Costs & Damages

The judge had been wrong to order an assessment of costs on an indemnity basis where one of the parties had not been able to make representations about evidence and where the action had commenced 40 years earlier. ......

A convenient way to determine whether an amendment to the particulars of claim outside of the limitation period could be justified pursuant to CPR r.19.5(3) was to ask whether the identity of the claimant could be changed without significantly altering the nature of the claim. In the instant case, ......

Protective costs orders. A petitioner who sought a declaration that her same sex marriage was a valid marriage in the United Kingdom was refused a protective costs order in respect of the costs of the Lord Chancellor as intervener, as the proceedings did not raise issues of general public import......

Proof:- In this action for damages the pursuer claimed that in February 2005, whilst employed by the defenders, the pursuer, in the course of his employment, was carrying cans of paint when he caught his foot which caused him to fall onto his left knee resulting in his injury. The action was base......

Reparation - Proof:- The pursuer, a 66 year old man, worked on and off as a fitter between 1956 and 1974 in the shipyards at Renfrew. At various times during his periods of employement in the shipyards the pursuer was employed by the seven defenders. During his employment with them, the pursuer e......

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 b......

The court made general observations about costs capping orders, but concluded that it was for the Civil Procedure Rule Committee to decide whether to take up the issues that had been raised, in particular in relation to the difference of judicial opinion as to when and in what circumstances costs ......

Where the claimant had been successful in his claim but had failed on one particular issue relating to causation it was appropriate to order a percentage reduction in costs rather than to make an issue-based costs order. The claimant was injured when he landed at the bottom of a fireman's po......

Judgment determining costs of an application for directions and powers of a receiver appointed by the court. Held: Where a court appointed receiver initiates proceedings against a third party the general rule that costs follow the event applies. Such a receiver is indemnified out of the assets o......

Fees charged by medical reporting agencies for supplying medical reports and records were recoverable as disbursements under the CPR r.45.10(2) provided that they were reasonable and proportionate. ......

Costs order against publicly-funded litigants. A costs order was made against publicly-funded litigants where, but for costs protection, the court would have made an order against them in the context of an application under the Access to Justice Act 1999 s.11(1). As there was sufficient informati......

No order for costs where claim discontinued. An application for discontinuance of a claim challenging a will was granted and no order as to costs made, as there was no evidence to show that the claimant had acted unreasonably or in bad faith in challenging the will. ......

Warby J considered an application for relief from sanctions where the claimant's solicitor had mistakenly served a notice of funding late. The defendant had been notified of the funding arrangement by letter prior to issue but the claimant's solicitor had failed to file and serve a notice o......

C had brought a defamation and harassment claim against the Ds. C was married with grown children and had been subjected to a blackmail attempt by TFW, who was the husband of CFW. CFW was the sister of ZAM's wife. Both ZAM's wife and CFW were beneficiaries of various family trusts. The D......

A claim alleging that the second and eighth defendants had participated in a conspiracy to defraud had been sufficiently pleaded and it would not be appropriate to strike it out. ......