Costs & Damages

Provisions of CPR Part 29 concerning CMCs would not apply to a Part 8 claim until the claim was allocated to the multi-track. The Appellant ('A') issued a Part 8 claim in the Taunton County Court prompting the Court to list a direction hearing. A served a costs budget prior to the direct......

The pursuer had been a sufferer for epilepsy and had been prescribed vigabatrin (the propriety name of which is Sabril) in 1989 to treat and manage his condition. In 1999, the pursuer attended his GP for a visual fields test, following his concerns about Sabril and its effect on vision after readin......

Reparation - Allowance of Issues:- In this action the pursuer sought damages following an accident at work in April 2004 when the pursuer sustained serious injuries to his right leg when he fell through a gap in a walkway in the course of his employment with the defenders. The defenders conceded li......

On the facts, time had started to run for limitation purposes when the employee's doctor concluded that there was a real possibility that his working conditions had caused his hand arm vibration syndrome, as that would have put the reasonable man on notice to investigate the link further. However, ......

Appeal concerning a solicitor's entitlement to recover costs from a paying party where settlement is paid directly to a client despite notice being given that there is an outstanding costs debt. Held: Collusion and notice are parallel routes to an equitable interference with the disposal of ......

It could be legitimately inferred from the conduct of the client that he had agreed to a proposed variation by a firm of solicitors of an initial retainer, in relation to an action brought by the client against his former employers, in order to reflect a collective conditional fee agreement entered......

The principles relating to costs capping orders laid down in King v Telegraph Group Ltd (2004) EWCA Civ 613 , (2005) 1 WLR 2282, a defamation case, were not applicable to all litigation. In the instant case the fact that the claimant was instructing solicitors under a conditional fee agreement with......

Reasonableness of CFA success fee for detailed assessment: When called upon to assess the reasonableness of a success fee, the court must have regard to the facts and circumstances as they reasonably appeared to the solicitor at the time that the CFA was entered into, and not the facts and circumst......

Costs of amendment applications. Under the CPR the costs of any amendment application that ought to have been consented to would be visited against the opposing party. It behoved parties in litigation to be sensible about applications by the other side and not unreasonably refuse. ......

No jurisdiction to make percentage reduction of assessed costs. A costs judge did not have jurisdiction to make a percentage reduction of the assessed costs before embarking on a detailed assessment. ......

It was just and reasonable to vary a final costs order where there had been a material change in circumstances and the court had been misled as to the correct financial position of a party since the making of a judgment and subsequent costs order, and where it had become apparent that another part......

The pursuer formerly worked for the defenders during which period he was exposed to asbestos and developed bilateral pleural plaques. In this action the pursuer sought damages from the defenders for his anxiety about the diagnosis and about the possibility that he might develop serious asbestos-r......

Unreasonable conduct and indemnity costs: The Defendant was ordered to pay indemnity costs to the Claimant owing to its unreasonable conduct during the litigation. The Claimant had made an application for summary judgment. This was dismissed on the basis that the defence case indicated that a trial......

Reparation - Proof:- In this action the pursuers were the executors and family of the deceased who died from mesothelioma in 2005. The defenders were the successors of the rights and liabilities of the former employers of the deceased. At proof a joint minute of admissions was entered in to in wh......

Reparation - Appeal from the Sheriff Court:- On 12 January 2000, the pursuer was injured while working as a nurse in the National Health Service at Canniesburn Hospital. The pursuer's injuries were caused by the negligence of an employee of the defenders for which they were vicariously liable and......

The court determined liability for the costs of a case management hearing for a re-trial following a ruling by the Court of Appeal in four test cases. The costs of the hearing, at which case management directions were given for the re-trial, were held to be 75 per cent attributable to the appeal......

Amendment of Graduated Fee Legislation. In a case concerning the amount due to a barrister in graduated fees, the Lord Chancellor amended the governing regulations, the Criminal Defence Service (Funding) Order 2001 to reflect the true intention of the draftsman. ......

Appropriateness of Order for Security of Costs: Although there was reason to believe that the claimant company would be unable to pay the defendant's costs if ordered to do so, in the circumstances it would not be appropriate to order the claimant to give security for the costs of its action concer......

Motion for modification of expenses to nil in terms of s. 18(2), Legal Aid (Scotland) Act 1986, raising the issue of whether the respondent, when opposing a petition, was a 'legally assisted person' by virtue of the special urgency provision contained in reg. 18(2), Civil Legal Aid (Scotlan......

Costs on a settled Judicial Review The Court of Appeal gave general guidance on costs issues in relation to Administrative Court Cases, which settled on all issues save as to costs. The court set out three scenarios. In a case where a claimant has been wholly successful whether following a ......

Appeal against an order requiring the defendants to pay the costs of a without notice application and a subsequent order refusing to set aside the earlier order on the grounds, inter alia: it was outside the court's jursidiction, or alternatively an improper exercise of the court's discreti......

A claim to interest on damages, with costs, following modest success in a late claim for negligence in which the claimant recovered less than 1 per cent. Held: The proposition that a defendant cannot contest costs due to a failure to make a sufficient Part 36 offer in Fox v Foundation Piling Ltd......