Supreme Court: Trustee in bankruptcy not personally liable for costs of...
A trustee in bankruptcy considering an appeal to the Supreme Court can go ahead without taking on the risk of having to pay the costs of previous proceedings in the lower courts, five justices have...
View ArticleRichards: Mitchell led to decisions that were “manifestly unjust and...
The Court of Appeal ruling in Mitchell led to decisions that were “manifestly unjust and disproportionate”, the deputy head of civil justice, Lord Justice Richards, has said in revoking a "draconian"...
View ArticleCourt of Appeal: Tenants on small claims track can be ordered to pay more...
County courts can order tenants on the small claims track (SCT) to pay more than the costs of issuing the claim, the Court of Appeal has ruled. A district judge decided the landlord could recover no...
View ArticleCA: Courts must consider “all the circumstances” before imposing part 36...
Courts must consider “all the circumstances” before deciding whether it would be unjust to impose costs penalties on claimants who fail to beat offers made under part 36, appeal judges have ruled. Lady...
View ArticleCourt of Appeal : LiPs can benefit from ‘without prejudice’ rule without...
Litigants in person can benefit from the ‘without prejudice’ rule even if they do not know what it means, the Court of Appeal has made clear. Lord Justice Vos said although it may be more difficult to...
View ArticleLord Chief Justice suggests rethink on judicial review interventions
The Lord Chief Justice has suggested that the new costs rules on interventions in judicial reviews should be looked at again. Giving evidence to the justice select committee, he also argued for...
View ArticleAppeal judges reject bias allegation over “crooks” remark
Appeal judges have rejected a claim that they failed to “properly and fairly” consider an appeal after deciding in advance that the appellants were “crooks”. Lord Justice Longmore described the...
View ArticleAppeal judges refuse to order assessment of costs agreed by administrators
The Court of Appeal has refused a request by the liquidators of a company for a detailed assessment of costs agreed by the firm’s administrators. The costs involved were fees of €2.76m charged by City...
View ArticleWhen winning isn’t enough: Court of Appeal orders successful party to pay 75%...
A High Court judge was entitled to penalise a firm of Russian stockbrokers for conduct that “fell below acceptable standards of conducting litigation” by ordering it to pay 75% of the other side’s...
View ArticleAppeal judges reject law firm’s claim for fees under insolvency CFA
The Court of Appeal has rejected a law firm’s claim to its legal fees in a battle with a liquidator over an conditional fee agreement. Lord Justice Hamblen said there was a “shared common...
View Article
