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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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NO COSTS ORDER AGAINST SOLICITORS OR COUNSEL WHO WERE ACTING ON A CONDITIONAL FEE BASIS

NO COSTS ORDER AGAINST SOLICITORS OR COUNSEL WHO WERE ACTING ON A CONDITIONAL FEE BASIS

August 9, 2019 · by gexall · in Access to justice, Applications, Conduct, Costs, Members Content, Wasted Costs

In  Willers v Joyce & Ors [2019] EWHC 2183 (Ch) Lady Justice Rose dismissed an application for costs against solicitors and counsel who had represented an unsuccessful party on a conditional fee basis. “… there is a strong public interest…

THIRD PARTY COST ORDERS: NO SPECIAL STANDARD FOR SOLICITORS AS LITIGANTS

October 25, 2014 · by gexall · in Civil evidence, Civil Procedure, Costs, Members Content, Statements of Case

For the third time in recent weeks there has been an interesting decision on non-party costs orders. In Virdi -v- R K Joinery Ltd [2014] EWHC 3492 Mr Justice Henderson upheld an order for costs against a non-party.  However the…

SOLICITORS RETAINER WAS UNLAWFUL & NO COSTS PAYABLE: COURT OF APPEAL DECISION CONSIDERED

October 22, 2014 · by gexall · in Appeals, Applications, Costs, Members Content

In the  judgment given today Rees -v- Gateley Wareing [2014] EWCA Civ 1351 the Court of Appeal held that a retainer between the solicitor and client was unlawful, overturning the first instance decision on the matter.   Consequently the solicitors could…

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COST BITES 435: £4 MILLION SPENT IN COSTS AND NEITHER PARTY WILL RECOVER A PENNY FROM THE OTHER: A "PYRHHIC" VICTORY LEADS TO NO ORDER FOR COSTS...
COST BITES 436: THE DEFENDANT FAILED TO BEAT THE CLAIMANT'S PART 36 OFFER: WAS IT UNJUST FOR THE USUAL CONSEQUENCES TO APPLY? THE IMPORTANCE OF INTEREST
A WIDOW CANNOT BRING AN ACTION UNDER THE FATAL ACCIDENTS ACT WHERE HER HUSBAND SETTLED THE PERSONAL INJURY ACTION AGAINST A CONCURRENT TORTFEASOR IN HIS LIFETIME
WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS
COST BITES 437: SHOULD THE DEFENDANT'S CONDUCT OF THE ACTION LEAD TO INDEMNITY COSTS BEING AWARDED? YES IT SHOULD...

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