Cost Cases Online

R (on the application of Bahta) v Secretary of State for the Home

30 January 2012
Citation: [2011] EWHC Civ 895

A group of applicants in various immigration judicial review claims who had discontinued their claims by way of consent orders having been granted the relief they sought by the Defendants,  appealed against the first instance decisions not to award them their costs of the proceedings.

Keyword 1 Costs entitlement inter partes - discontinuance - CPR 38

Hutchings-Whelan v Hutchings

26 January 2012
Citation: [2012] EWHC Civ 38

A costs order was made in contested ancilliary relief proceedings where the husband had not given full and frank disclosure of his assets.

Keyword 1 Family

Nap Anglia v Sun-land Development

23 January 2012
Citation: [2012] EWCH 51 (TCC)

A party to an arbitration can recover the cost of representation by non-solicitors such as claims consultants. 

Keyword 1 Assessment of costs - miscellaneous - CPR 43-48

Legal Services Commission v Loomba, Ulasi and Carter and others

19 January 2012
Citation: [2012] EWHC 29 (QB)

Legal Aid Act 1988 - Legal Services Commission is entitled to assess costs at nil and recoup payments on account when solicitors fail to have their costs assessed or report the outcome of the assessment to the LSC.

Keyword 1 Community legal service

Thewlis v Groupama Insurance Co Ltd

5 January 2012
Citation: [2012] EWHC 3 (TCC)

Offer letter was not a Part 36 offer when it failed to comply with the requirement of CPR r.36.2.

Keyword 1 Costs entitlement inter partes - part 36 offers - CPR 36

Tim Martins Interior Ltd v Akin Gump LLP

21 December 2011
Citation: [2011] EWCA 1574

The court considered the principles to be applied when the court assessed a solicitor’s charges at the behest of a third party liable to meet them under a mortgage deed, pursuant to s 71 of the Solicitors Act 1974.

Keyword 1 Solicitor/Client costs

Blue Sphere Global Limited v Commissioners Her Majesty’s Revenue and Customs

20 December 2011
Citation: SCCO 20 December 2011

In a discounted CFA the success fee is to be calculated by applying the risk of failure to the shortfall between the basic hourly rate and the discounted hourly rate.

Keyword 1 Assessment of costs - CFAs - CPR 44

Solomon v Cromwell Group; Oliver v Doughty

19 December 2011
Citation: [2011] EWCA Civ

Fixed recoverable costs, not standard basis costs, to be allowed when Part 36 offer accepted pre-action in low value RTA cases.

Keyword 1 Costs entitlement inter partes - part 36 offers - CPR 36

Keyword 2 Assessment of costs - Fixed costs - CPR 45

Singapore Airlines v Buck Consultants Limited

13 December 2011
Citation: [2011] EWCA Civ 1542

The principles in Re Buckton, Buckton v Buckton [1907] 2 Ch 406 as to the award of costs between trustee and beneficiary in proceedings for the interpretation of a trust instrument were not to be regarded as closed. There was room for a further category of costs where the issue of construction was being pursued by a beneficiary and a third party in circumstances where, had it not been for the third party, the costs would have fallen in category 2. The principled approach in that situation required a sharing of the costs between the parties.

Keyword 1 Costs entitlement inter partes - discretion generally - CPR 44.3

Uddington Business Limited v (1) Browne (2) Maxwell English

9 December 2011
Citation: High Court Chancery Division 9 December 2011; Lawtel 12 December 2011

A defendant was only amenable to an adverse order for security under CPR r.3.1(5) once that party could be seen to have flouted proper court procedures or otherwise demonstrated a want of good faith.

Keyword 1 Security for costs - CPR 25

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