Costs & Damages

On 27th September 2007, the pursuer's TVR Tuscan Mark 1 fibre-glass motor vehicle was parked and unattended, when the defender's insured collided with it while attempting to reverse park. The collision caused damage to the pursuer's vehicle, specifically its paint and bodywork. At the time of the a......

Application for an extension to comply with a disclosure order and cross-application to vary an order for costs of disclosure applications to an indemnity basis. Held: Where applications are applied for in time and involve no significant fresh prejudice to the other parties, considerations of co......

Here a motion was made on behalf of eleven individuals who claimed to have been diagnosed with bilateral pleural plaques caused by negligent exposure to asbestos and who had actions for loss, injury and damage in process or in immediate contemplation for leave to enter the process in terms of Rule ......

The court was not persuaded that the combination of difficulties in the case were such that a claimant continuing with its claim was so unreasonable that costs should be awarded on indemnity basis. ......

CFA Unenforceable where Material Non-compliance with Regulation. It was held that a Conditional Fee Agreement was not valid and enforceable because there had been material non-compliance with Regulation 4 of the Conditional Fee Agreements Regulations 2000 which requires solicitors to inform the cl......

Application for costs against non-parties: Where an application for costs to be paid by non-parties was not made until after judgment had been given, and without prior notice, it was held that the Court did not have sufficient evidence of the allegations made against the non-parties and it would ha......

Where a patent claim had been resolved without a trial and no letter before action had been sent by C before issue, the Court could only speculate as to whether proceedings would have been issued had the letter before action been sent. The Court considered that a letter before action was virtually ......

Non-Party Costs Order. It was not a requirement for the making of a non-party costs order against a director, who had funded and controlled litigation consequent on a claim brought by his company at his instance, that impropriety had to be shown in the way that the claim was prosecuted. ......

The issue of costs was to be resolved by the court following settlement of commercial litigation where the defendant had made a Part 36 offer of £1. Held: Part 36(14)(2) requires the Court to take into account the justness of applying the normal costs consequences of a claimant failing to o......

Proof:- On 25 August 2005 the pursuer was injured in an accident sustained by him during the course of his employment with the defenders as a delivery driver. Liability was admitted by the defenders and the only issue at proof was whether the injury had rendered the pursuer unfit for heavy work t......

An appeal against an award of costs to a litigant in person was dismissed. Although no solicitor appeared on the record there was evidence to show that the litigant had received legal advice and assistance in preparation of his case. There was also evidence to show that the Claimant had paid for th......

Proof - Reparation:- In this action the pursuer, a 20 year old trainee service engineer employed by Stilcan Industrial Conveyors Ltd, attended at the defenders' premises at Glen Ord Distillery to carry out maintenance work on scrapers on two conveyor belts. Whilst carrying out the repair work his......

Retrospective CFA Held to Not Be Contrary to Public Policy: Christopher Clarke J. held that there was no prohibition on CFAs being retrospective and no reason per se why a retrospective success fee was contrary to public policy. The Court had the ability to disallow or reduce retrospective ......

Costs appeal raising the issue of whether supervening incapacity automatically terminates a solicitor's contract of retainer. Held: Although an agent's authority terminates automatically upon the mental incapacity of their principal (subject to ostensible authority or liability for breac......

Costs judgment following a finding of passing off in the Intellectual Property Enterprise Court (IPEC). Held: In the IPEC, litigation only over costs is not to be encouraged. The court must strike a balance between providing a fair level of recovery for meritorious claimants while encouraging ea......

Reparation - Proof:- The pursuer was employed by the defenders as a social worker. The pursuer had a desk bound job in which she claimed that she developed a pain in her neck from stretching and twisting to use a computer that she shared with a colleague and which was situated on an adjacent desk......

The Conditional Fee Agreements Regulations 2000 reg.3 required a Conditional Fee Agreement to specify how much of the percentage increase in a success fee related to the cost of the postponement of payment of solicitors' charges and disbursements. The words "if any" in reg.3(1)(b) of the Regulatio......

Following findings of contempt against two family members of a Claimant in which the Claimant's daughter was 6 months imprisonment suspended for 12 months and 3 months imprisonment for the Claimant's husband suspended for 12 months, the Court ordered the relatives to pay 70% of the Defendant insure......

The Court of Appeal held that it was wrong that parties be permitted to use r.3.1(3) rather than Part 25 as a means for obtaining security for costs. An Order should not be made under r.3.1(3) to protect a defendant from being unable to enforce a judgment for costs against a personal claimant, who ......

Costs Order: Where the claim and counterclaim both succeeded, but the quantum of the claim exceeded the counterclaim, it was held that the judge had erred in ordering the claimant to pay the costs of the counterclaim and the defendants to pay the costs of the claim. The defendants were the unsucces......

Percentage uplift under CFA: In a personal injury claim, where the claimants had sustained serious injuries and liability was uncertain, it was held that the appropriate percentage uplift under a conditional fee agreement was 50 per cent. This figure reflected the very significant element of risk w......

Indemnity principle. The indemnity principle had no application to the fixed recoverable costs provisions of CPR Part 45 (II), and in cases falling within CPR Part 45 (II) the receiving party did not have to demonstrate that there was a valid retainer or conditional fee agreement between the solic......

What appear to be time limited offers can still constitute Part 36 offers Part 36 did not expressly exclude time limited offers however to constitute a Part 36 and have effect in terms of its costs consequences after trial, the offer had to be available for acceptance prior to trial. Therefore a......

This action concerned liability for a road accident involving the Pursuer's car and a car being driven by the Defenders' employee, M. Quantum was agreed and a Proof on liability took place at which the Pursuer and M were the only witnesses. The accident occurred on a road which had four lanes, two ......

Costs and Human Rights: The scheme allowing success fees to be recovered from the losing party to an action for defamation was compatible withArt.10 of the European Convention on Human Rights 1950, therefore a defendant could not argue that the threat of liability to pay a large sum by way of costs......