DAMAGES BASED AGREEMENTS DO NOT EXTEND TO DEFENDANTS: "HEADS I WIN TAILS YOU LOSE" ARRANGEMENTS DO NOT FIND FAVOUR WITH THE COURT OF APPEAL

DAMAGES BASED AGREEMENTS DO NOT EXTEND TO DEFENDANTS: “HEADS I WIN TAILS YOU LOSE” ARRANGEMENTS DO NOT FIND FAVOUR WITH THE COURT OF APPEAL

In Candey Ltd v Tonstate Group Ltd & Ors [2022] EWCA Civ 936 the Court of Appeal held that a Damages Based Agreement cannot be used between a solicitor and a defendant who did not have a counterclaim.   For a…

COST BITES 4: COURT OVERTURNED NON-PARTY AGAINST LOCAL AUTHORITY IN CHILDREN CASE

COST BITES 4: COURT OVERTURNED NON-PARTY AGAINST LOCAL AUTHORITY IN CHILDREN CASE

In   Peterborough City Council v K, L, M, N and P & Ors [2022] EWFC 61Mr Justice Poole overturned a decision making a non-party costs against a local authority.  A non-party costs order could not be used as a device…

COST BITES 3: PRO BONO COSTS ORDERS EXTENDED TO TRIBUNALS

COST BITES 3: PRO BONO COSTS ORDERS EXTENDED TO TRIBUNALS

Pro bono cost orders have been extended to tribunals. The position is explained in a short post by the Access to Justice Foundation. The ability to make such orders has been extended to tribunals.     GUIDANCE FROM THE ACCESS…

NINE YEARS ON V: 2018: THE GARDEN THAT COST A LOT: CLAIMANTS SOUGHT £360,000 - AND RECEIVED NOTHING... EXCEPT A BILL FOR £2 MILLION

NINE YEARS ON V: 2018: THE GARDEN THAT COST A LOT: CLAIMANTS SOUGHT £360,000 – AND RECEIVED NOTHING… EXCEPT A BILL FOR £2 MILLION

A prominent QC tweeted recently that, when he was waiting for a court judgment to be delivered, his greatest fear was that the case would end up in the “Proving Things” series on this blog.  Today we look a post…