Costs & Damages

Costs order made against applicant substituted for no order for costs due to respondent's failure to comply with CPR Pt 23. The applicant, an employee, had been involved in a long running dispute with the respondent, her employer, and issued proceedings to enforce an award made by the employ......

A judge's award of costs based on a Claimant's Part 36 offer was illegitimate as the offer had been withdrawn the Court could rely on the consequences of a previous unwithdrawn Part 36 offer.It was agreed between the parties that the judge's award of costs based on the second Part 36 offer was tech......

Application for Non-Party Costs Should be Dealt With by Trial Judge: Andrew Smith J. held that the trial judge should hear an application for a non-party costs order unless there were compelling reasons for him not to do so. This was so even though the judge had expressed a view about the conduct o......

Assessment of Damages. In an assessment of damages for personal injury, the judge had failed to take into account the fact that the claimant might have suffered the back injury regardless of an accident at work and he therefore set the multiplier too high when assessing loss of future earnings. Fur......

It was not permissible to discount a number of failures to comply with the requirements of Part 36 as matters of mere technicality Rule 36.14 represented a departure from otherwise established costs practice and imposed deliberately swingeing costs sanctions on claimants who failed to beat ......

Pre-CPR Settlement Order to be taken into account. An offer to settle made prior to the coming into force of the CPR and withdrawn some time before the trial should still have been taken into account by the judge when considering an order for costs. ......

Reparation - Procedure Roll:- On 7 July 2002 an oil rig supply vessel belonging to the pursuers was damaged by fire whilst it was berthed in Peterhead. In this action the pursuers sued the defenders for damages claiming that the fire resulted from the negligence of their employees when they remov......

Appeals against orders for disclosure of funding arrangements of unsuccessful personal injury claimants raising the issue of the appropriate circumstances for making a third party costs order against instructed solicitors. Disclosure was sought to determine whether a costs order application was jus......

Judgment on costs in a multiple party and causes action concerning royalties arising from the play 'Spamalot'. Held, inter alia: Even in a case of modest factual or legal complexity, a broad brush approach is appropriate to a determination of costs, which must be within proportionate and......

Enforceability of Conditional Fee Agreement. A conditional fee agreement was unenforceable where it had various deficiencies that were significant enough to prevent substantial compliance with the Conditional Fee Agreements Regulations 2000. The agreement in question had not been drawn up by a l......

Apportionment of costs liability. In circumstances where costs had been incurred for two purposes, they had to be apportioned broadly between each of the purposes. ......

In the circumstances, where a respondent had misrepresented to the court that all the parties to proceedings had agreed to an adjournment, the judge's exercise of discretion when making no order as to costs was seriously flawed and there had been no reason to deprive an appellant of her costs. ......

When determining whether a solicitor had failed to satisfy a condition referred to in the Courts and Legal Services Act 1990 s.58(3) it was not necessary to consider whether the client had suffered actual prejudice. ......

Appeal against, inter alia, an order to pay costs, including reserved costs of all interlocutory applications, on an indemnity basis. Appeal dismissed. Held: The judge's power under CPR 44.4(3) to award costs on the indemnity basis is exceptional, justified where the circumstances take the c......

A child was entitled to have costs arising from a settled claim for damages under the fixed costs regime as the claim had not been plainly less that £1,000 when submitted. It was held that paragraph 2.1 of the Pre-action Protocol for Low-Value Personal Injury Claims in Road Traffic Accident......

Reparation - Proof:- In this action the pursuer sought damages following an accident on 28 October 2004 when he was knocked off his bicyle by the driver of a minibus who worked for the defenders. The outcome of the case turned on who was ahead at the junction where the accident took place. It was......

There was a power under the Senior Courts Act 1981 s.51 to determine by whom the costs of litigation should be paid. Such an order could be extended to non-parties, such as solicitors, in appropriate circumstances. What was required was evidence to show that the solicitor had gone beyond the scope ......

Appeal of Costs Order: An appeal against a costs order was dismissed, where both the application seeking permission to appeal and the grounds of the submissions heard at the substantive hearing founded upon a misconception that the appellants had not been awarded the costs of a specific issue. Coun......

Considerations for Protective Costs Orders: When making an application for a protective costs order for the first time at the appeal stage there was no reason why different considerations from those set out in R (on the application of Corner House Research) v Secretary of State for Trade and Indust......

The claim arose out of an injury in 2008 and was issued in 2011, well before the implementation of the Jackson reforms. However, the claim was funded by a BTE agreement and the Claimant sought qualified one-way costs shifting ("QOCS") protection under CPR rule 44.14. The Defendant therefore made an......

Judgment concerning an administrator's entitlement to costs in Part 64 proceedings. Held: Where a trustee or beneficiary makes an application concerning a question of construction or of administration which is necessary for the benefit of the trust, the costs are paid out of the estate. Wh......