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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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COSTS ISSUES IN A CASE WHERE THE CLAIMANTS HAVE TO PAY £30 MILLION: WHY IT IS UNWISE TO BANK ON WINNING

COSTS ISSUES IN A CASE WHERE THE CLAIMANTS HAVE TO PAY £30 MILLION: WHY IT IS UNWISE TO BANK ON WINNING

July 14, 2020 · by gexall · in Conduct, Costs, Costs budgeting, Interest, Interim Payments, Members Content, Risks of litigation

A reminder of the sheer size, and major dangers, of group litigation can be seen in the judgment today in Sharp & Ors v Blank & Ors [2020] EWHC 1870 (Ch).  The judgment relates to the costs of the action…

ORDER FOR PAYMENT ON ACCOUNT OF COSTS CAN BE MADE LATE

ORDER FOR PAYMENT ON ACCOUNT OF COSTS CAN BE MADE LATE

October 4, 2018 · by gexall · in Applications, Costs, Costs budgeting, Interim Payments, Members Content

In Culliford & Anor v Thorpe [2018] EWHC 2532 (Ch) HH Paul Matthews (sitting as a High Court judge) held that it was possible for the court to make an order  for an interim payment of costs after the date on…

YOU'VE SPENT £625,000 IN COSTS AND GOT NO FURTHER FORWARD: COSTS AFTER UNSUCCESSFUL SUMMARY JUDGMENT APPLICATION

YOU’VE SPENT £625,000 IN COSTS AND GOT NO FURTHER FORWARD: COSTS AFTER UNSUCCESSFUL SUMMARY JUDGMENT APPLICATION

September 3, 2017 · by gexall · in Costs, Members Content, Summary judgment

In  Burnden Holdings (UK) Ltd & Anor v Fielding & Anor [2017] EWHC 2118 (Ch) His Honour Judge Hodge QC (sitting as a Judge of the High Court) considered the issue of costs after the claimants’ unsuccessful application for summary judgment….

COSTS, FIXED COSTS AND COSTS BUDGETING WHEN MAKING AN INTERIM ORDER: ALL IN THE PINK

March 20, 2016 · by gexall · in Assessment of Costs, Case Management, Costs, Costs budgeting, Interim Payments, Members Content, Uncategorized

The decision of Mr Justice Birss in Thomas Pink Ltd -v-Victoria’s Secret UK Limited [2014] EWHC 3258 has only recently been posted on Bailii.  However it contains an interesting example of the court considering the issue of costs, fixed costs…

PROPORTIONALITY, COSTS AND PAYMENTS ON ACCOUNT: A HIGH COURT DECISION

November 11, 2015 · by gexall · in Assessment of Costs, Members Content, Proportionality, Uncategorized

In Rallinson -v- North West London Hospitals NHS Trust [2015] EWHC 3255 (QB) Mr Justice Garnham considered issues relating to proportionality when assessing costs to be paid on account. “In my view, there is an argument of real substance here…

PAYMENTS ON ACCOUNT OF COSTS DO NOT BREACH BREACH INDEMNITY PRINCIPLE AND SHOULD BE A "REASONABLE SUM"

April 26, 2015 · by gexall · in Applications, Civil Procedure, Costs, Members Content

In XYZ -v- Transform Medical Group (CS) Limited [2015] EWHC 1151 (QB) Mrs Justice Thirlwall DBE considered several issues in relation to payments on account of costs. THE CASE The action is a group action in which nearly 1000 women…

LENGTHY BUNDLES AND INTERIM COSTS: OBSERVATIONS FROM THE TECHNOLOGY & CONSTRUCTION COURT

February 18, 2015 · by gexall · in Applications, Civil Procedure, Costs, Members Content, Witness statements, Written advocacy

The two judgments of Mr Justice Akenhead in the Secretary of State for the Home Environment -v- Raythean Systems Limited [2014] EWHC 4375 (TCC) and [2015] EWHC 311 (TCC) contain some familiar motifs in relation to the size of bundles,…

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