swarb.co.uk - law index
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Costs - From: 1970 To: 1979
This page lists 17 cases, and was prepared on 20 May 2019.
SA Chanel v Cepeha Handelsmaatschappij Nv [1970] EUECJ R-31/68
16 Jun 1970
ECJ
Costs
1 Cites
[ Bailii ]
Mauroux v Sociedade Comercial Abel Pereira da Fonseca SARL; 1972 - [1972] 2 All ER 1085; [1972] 1 WLR 962
Cassell and Co Ltd v Broome (No 2) [1972] AC 1136
24 Feb 1972
HL
Lord Kilbrandon
Natural Justice, Constitutional, Costs
Their Lordships varied an order for costs already made by the House in circumstances where the parties had not had a fair opportunity to address argument on the point. As the ultimate court of appeal, the House has power to correct any injustice caused by an earlier order. There is no relevant statutory limitation on the jurisdiction of the House in this regard and therefore its inherent jurisdiction remains unfettered. There is a constitutional right to freedom of expression in England.
1 Cites
1 Citers
Sir Lindsay Parkinson and Co Ltd v Triplan Ltd [1973] QB 609; [1973] 2 All ER 273
1973
CA
Lord Denning MR
Costs
The court exercises a full discretion when ordering security for costs.
Where a plaintiff who is ordinarily resident out of jurisdiction has no assets within it, he or she may still yet convince the court against ordering security for costs if he or she were able to show that the application was being used oppressively so as to stifle a genuine claim, and the Court 'would also consider whether the company's want of means has been brought about by any conduct by the defendants'.
Lord Denning MR set out some of the matters which the court might, in an appropriate case, take into account in deciding whether, and if so, how, to exercise its discretion: "Such as whether the company's claim is bona fide and not a sham, and whether the company has a reasonably good prospect of success . . whether there is an admission by the defendants on the pleadings or elsewhere that money is due . . whether the application for security was being used oppressively - so as to try to stifle a genuine claim . . whether the company's want of means has been brought about by any conduct by the defendants, such as delay in payment or delay in doing their part of the work."
1 Citers
Lewis v Averay (No 2) [1973] 1 WLR 510
1973
CA
Lord Denning MR
Costs
The defendant had been unable to obtain legal aid, and resorted to the Automobile Association which indemnified him for his costs of his successful appeal. The respondent was legally aided on the appeal and the appellant sought an order for his costs against the Law Society. The Law Society could only be liable in respect of costs which had been "incurred" by the unassisted litigant. The Law Society argued that the costs had been incurred by the AA and not by the litigant. Held: Despite it being stated by the AA's solicitors that Mr Averay had been told that he would be indemnified in all respects by the AA so that no part of the costs of the appeal had or would have fallen on him, he was the party to the appeal, the person responsible for costs, and, if the appeal had failed, the person who would have been ordered to pay costs, and that if those costs had not been paid his goods would have been liable to execution rather than those of the AA.
Lord Denning MR found that the legal fees were incurred by Averay, said: "[Mr Hames] suggests that in this case the costs were not incurred by Mr Averay, but were incurred by the Automobile Association; because the Automobile Association undertook the appeal and instructed their solicitors and paid them. I cannot accept this suggestion. It is clear that Mr Averay was in law the party to the appeal. He was the person responsible for the costs. If the appeal had failed, he would be the person ordered to pay the costs. If the costs had not been paid, execution would be levied against him and not against the Automobile Association. The truth is that the costs were incurred by Mr Averay, but the Automobile Association indemnify him against the costs."
1 Cites
1 Citers
Davies v Taylor (No 2) [1974] AC 225
2 Jan 1974
HL
Viscount Dilhorne
Damages, Legal Aid, Costs
The plaintiff argued that no costs had been incurred by the successful defendant, as he was insured, and the insurance company was bound to pay his costs. Held: "In this case the solicitors, no doubt first instructed by the insurance company, were the solicitors on the record as the solicitors for the respondent. They acted for him and, in the absence of proof of an agreement between him and them or between them and the insurance company that he would not pay their costs, they could look to him for payment for the work done and his liability would not be excluded by the fact that the insurance company had itself agreed to pay their costs. In my opinion the costs incurred were incurred by the respondent in the sense in which those words are used in the Legal Aid Act 1964."
Legal Aid Act 1964 1(1)
1 Cites
1 Citers
Rowe and Maw (a firm) v Customs and Excise Commissioners; QBD 1975 - [1975] STC 340
Calderbank v Calderbank; CA 1975 - [1976] Fam 93
In Re Eastwood [1975] Ch 112
1975
CA
Russell LJ
Costs
The conventional method appropriate to taxing the bill of a solicitor in private practice is also appropriate for the bill of an in-house solicitor in all but special cases where it is reasonably plain that that method will infringe the indemnity principle. Such a special case will arise where a sum can be identified, different from that produced by the conventional approach, which is adequate to cover the actual cost incurred in doing all the work done. Such a sum may be identified by concession or, by the factual assessment of the taxing tribunal itself: but that possibility does not justify a detailed investigation in every case. The court warned as to the impracticality and undesirability of requiring a breakdown of all the activities and expenses of an in-house solicitor's department: a process that, in the world of practical justice in which the taxation process moves, the adoption of the conventional approach was designed to avoid.
1 Citers
Property and Reversionary Investment Corporation Ltd v Secretary of State for the Environment; 1975 - [1975] 1 WLR 1504
Leopold Lazarus v Secretary of State for Trade and Industry; 1976 - (1976) Costs Law Reports, Core Volume 62
Currie and Co v The Law Society [1977] QB 990; [1976] 3 All ER 832; [1976] 3 WLR 785
1976
May J
Legal Aid, Legal Professions, Costs
Set-off of costs or damages to which one party is entitled against costs or damages to which another party is entitled depends upon the application of equitable rules. May J said: "[T]he set-off takes precedence over the solicitor's particular lien, which will then be limited to the balance, if any, due to his client after the set off" and it is "a 'question for the court's discretion.'
1 Citers
McDonnell v McDonnell [1977] 1 WLR 34
1977
CA
Ormrod LJ
Family, Costs
In family proceedings, a costs letter had been written in the form suggested in Calderbank. Held: The court accepted and endorsed the practice suggested by Cairns LJ. Ormrod LJ said: "The important factor which distinguishes this case is the fact that the appellant husband's solicitors took advantage of a recent decision of this court in Calderbank v. Calderbank. On December 16, 1975, shortly after serving the notice of appeal, they wrote a letter to the wife's solicitors offering to withdraw the appeal altogether if the wife would agree to a modification of Mrs. Justice Lane's order in respect of the house. In accordance with the procedure suggested in Calderbank, they headed the letter 'Without Prejudice' but reserved the right to bring it to the attention of the court after judgment on the question of costs."
and "Clearly this is a very important consideration in exercising the court's discretion with regard to costs.It would be wrong, in my judgment, to equate an offer of compromise in proceedings such as these [ancillary proceedings following a divorce] precisely to a payment into court. I see no advantage in the court surrendering its discretion in these matters as it has to all intents and purposes done where a payment into court has been made. A Calderbank offer should influence but not govern the exercise of the discretion. The question to my mind is whether, on the basis of the facts known to the wife and her advisers and without the advantage of hindsight, she ought reasonably to have accepted the proposals in the letter of December 16, bearing always in mind the difficulty of making accurate forecasts in cases such as this. On the other hand, parties who are exposed to the full impact of costs need some protection against those who can continue to litigate with impunity under a civil aid certificate."
1 Cites
1 Citers
Denne v Denne (1977) CAT 4743
1977
Costs, Litigation Practice
Where the parties, having settled their case, agreed for a costs judge to fix the costs, there was no appeal from his judgment.
1 Citers
Pearson v Naydler [1977] 1 WLR 899; [1977] 3 All ER 531
1977
Megarry V-C
Costs, Litigation Practice
That the statute required it to be likely that a company might find it difficult to pay costs before allowing a requirement for security for costs, indicated that an order may be expected to cause difficulty. However the court will not allow an impoverished company to use its inability to pay costs as a weapon against a more prosperous company.
1 Citers
Treasury Solicitor v Regester [1978] 1 WLR 446
1978
Donaldson J
Costs, Legal Professions
A challenge was made as to the legal costs on the grant of a lease of a valuable commercial property. Held: In relation to the time spent on the business which was the third factor in the 1972 Order: "The magnetic attraction of factor (iii) as a foundation for assessment of fair and reasonable remuneration is that, in the absence of an approved scale applied to value, it is the only figure which is readily calculable. It is an attraction which must be sternly resisted in cases of this sort where one or more of the other factors is such as to dwarf it into insignificance."
Solicitors Remuneration Order 1972
1 Citers
Maltby v D J Freeman; 1978 - [1978] 1 WLR 431
