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…

COST BITES 2: A (PROSPECTIVE) RESPONDENT DOES NOT GET THE COSTS OF ATTENDING PERMISSION TO APPEAL HEARING

COST BITES 2: A (PROSPECTIVE) RESPONDENT DOES NOT GET THE COSTS OF ATTENDING PERMISSION TO APPEAL HEARING

In Novartis AG & Anor v Teva UK Ltd & Ors [2022] EWCA Civ 775 Lord Justice Birss refused to order costs when a respondent to an appeal attended at a permission to appeal hearing. THE CASE The judge heard…

COST BITES 1: USE OF A PARTNER IN A BOUTIQUE FIRM CAN LEAD TO LOWER COSTS

COST BITES 1: USE OF A PARTNER IN A BOUTIQUE FIRM CAN LEAD TO LOWER COSTS

There are many cases in which judges make observations about costs which merit wider circulation.   This series looks at those kinds of matters.  It starts by looking at the observations of Mr Justice Foxton in Hotel Portfolio II UK Ltd…

NINE YEARS ON V: 2017: THE  CLAIMANT THAT TURNED DOWN A PART 36 OFFER OF £1.5 MILLION AND GOT £2  INSTEAD: A LESSON FOR LITIGANTS WITH MOUTHS TOO WIDE

NINE YEARS ON V: 2017: THE CLAIMANT THAT TURNED DOWN A PART 36 OFFER OF £1.5 MILLION AND GOT £2 INSTEAD: A LESSON FOR LITIGANTS WITH MOUTHS TOO WIDE

Choosing one case from each year is not an easy task.  We have reached 2017 and I have selected two posts which relate to the same case.  A claimant sought damages of £15 million but failed to prove it had…