Links: Home | swarblaw - law discussions

swarb.co.uk - law index


These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Costs - From: 1995 To: 1995

This page lists 29 cases, and was prepared on 20 May 2019.

 
In Re a Company (No 004081 of 1989) [1995] 2 All ER 155
1995

Lindsay J
Costs, Insolvency
Lindsay J considered the calculation of costs of solicitors: "if . . the proper guide is that of the average solicitor employed by the average firm in the area concerned, then the Central London Law Societies' survey, whilst not necessarily a perfect indication of that average, is, on the evidence in this case, the closest approach we have to that average."
1 Citers


 
Regina v Darlington Borough Council Ex Parte Association of Darlington Taxi Owners and Darlington Owner Drivers Association (No 2) [1995] COD 128
1995

Auld J
Costs
The court made an order for costs against the members of the Association on rejection of its request for permission to bring judicial review proceeds, even though he had found that the Association was not a legal person capable of bringing such proceedings. Auld J said: "The fact that I have found on the application to set aside that the Associations were not legal persons and that, therefore, the proceedings had to be set aside because they were not properly constituted, does not render all that went before a nullity or deprive them of the character of "proceedings" for the purpose of the RSC. ."
1 Cites


 
Cepheus Shipping Corporation v Guardian Royal Exchange Plc [1995] 1 LL Rep 647
1995

Mance J
Costs

1 Citers


 
Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte World Development Movement Ltd [1995] 1 WLR 386; [1995] 1 ALL ER 611
1995
QBD
Rose LJ, Dillon LJ, McCowan LJ
Judicial Review, Costs
A British consortium looked for assistance in providing a hydro-electric project on the Pergau river. One interested government department advised that it was not economical and an abuse of the overseas aid programme, but the respondent decided to approve support. The applicants, a pressure group involved in giving advice and assistance on issues of aid, requested an assurance that no further assistance would be granted, and sought a judicial review of the respondent to provide that reassurance. The respondent challenged their standing to seek judicial review. Held: The question of standing had to be settled only in the context and merits of the case as a whole. It was not merely a preliminary issue. The importance of vindicating the rule of law, the absence of any other likely interested party, and of the issue in general required the application to proceed. It was for the court to decide whether particular actions fell within the purpose of the Act, but once it did, it was for the respondent to weigh the various factors. In this case the Act required assistance to be given to economically sound projects, but no evidence to support that purpose was available and the respondent's decision was unlawful.
The court identified five considerations which militated towards the court's decision that the applicants had a sufficient interest to challenge the lawfulness of this expenditure: i) The importance of vindicating the rule of law; ii) The importance of the issue raised; iii) The likely absence of any other responsible challenger; iv) The nature of the breach of duty against which relief was sought; v) The prominent role of the applicants in giving advice, guidance and assistance with regard to aid.
1 Cites

1 Citers


 
Tharros Shipping Co Ltd and Den Norske Bank Plc v Bias Shipping Ltd [No 3] [1995] 1 Lloyd's Rep 541
1995


Costs
The existence of a business relationship will not always lead the Court to expect a backer to accept liability for costs, e.g. if the financial backer is a bank lending money to a plaintiff, or as here an insurer but it will be a highly relevant consideration."
1 Citers



 
 Keary Developments v Tarmac Constructions; CA 1995 - [1995] 3 All ER 534

 
 In Re M (A Minor) (Local Authority's Costs); FD 9-Jan-1995 - Ind Summary, 09 January 1995; [1995] 1 FLR 533
 
Dynaspan (UK) Ltd v H Katzenberger Baukonstruktionen Gmbh and Co Kg and Another Ind Summary, 27 March 1995; Times, 21 February 1995
21 Feb 1995
ChD

Costs, Litigation Practice
Court may order security for costs against Plaintiff corporate and resident in North Ireland.

 
S v S (Family Proceedings: Reserved Costs Orders) Times, 23 February 1995; Ind Summary, 27 March 1995
23 Feb 1995
FD

Family, Costs
Judge may make an order for reserved costs even though this had not been requested at an earlier interlocutory hearing.

 
Standard Bank London Ltd v The Bank of Tokyo; Sudwestdeutsche Landesbank Girozentrale v The Bank of Tokyo and Another Unreported, 21 March 1995
21 Mar 1995
ComC
Phillips J
Costs, Litigation Practice
cw Costs - recovery of costs from a non-party


 
 In Re Thirugnanasampanther; CA 28-Apr-1995 - Times, 28 April 1995
 
Regina v Supreme Court Taxing Office Ex Parte John Singh and Co Times, 03 May 1995; [1997] 1 Costs LR 49
3 May 1995
QBD
Henry LJ
Costs
A Taxing Master's refusal of a certificate for point of principle on taxation is reviewable. Henry LJ: "Counsel for the Taxing Master conceded that such a jurisdiction existed but submitted that it should be restricted to cases where there had been a real injustice. I agree with both that concession and, in general terms, with the limitation on it. In his refusal to certify, the Taxing Master was exercising a 'strong' discretion entrusted under the statutory scheme to him. The cases where the supervisory court could reverse a failure to certify would, in the circumstances, be very rare indeed. In those circumstances, in my judgment, we should treat the complaints made in the judicial review as a deemed application under the inherent jurisdiction of the court and I, for my part, would do so."
Children and Young Persons Act 1969 23(5)
1 Citers



 
 Bolton Metropolitan District Council and Others v Secretary of State for the Environment and Others; HL 25-May-1995 - Times, 25 May 1995; Ind Summary, 10 July 1995; (1995) 71 P and CR 309; (1995) 1 WLR 1176
 
McDonnell v Woodhouse and Jones and Others Times, 25 May 1995
25 May 1995
QBD

Costs, Litigation Practice
A Calderbank offer made only six days before the date of trial was inadequate to protect the offeror. An indemnity costs award was proper.


 
 In Re A Solicitors (Wasted Costs Order) (No 1 of 1994); CACD 27-Jun-1995 - Times, 27 June 1995; Gazette, 19 July 1995
 
Bolton Metropolitan District Council and Others v Secretary of State for The Environment and Others (Costs) [1995] UKHL 27; [2017] PTSR 1063; [1995] 1 WLR 1176; [1996] 1 All ER 184
6 Jul 1995
HL
Lord Goff of Chieveley, Lord Mustill, Lord Slynn of Hadley, Lord Lloyd of Berwick, Lord Steyn
Costs

[ Bailii ]

 
 Bolton Metropolitan District Council and Others v Secretary of State for the Environment and Others No 2; HL 17-Jul-1995 - Gazette, 31 August 1995; Times, 17 July 1995; [1995] 1 WLR 1176; 61 P and CR 343
 
Re: H (A Minor): Taxation of Counsel's Costs Ind Summary, 14 August 1995
14 Aug 1995
FD

Costs
Clarification necessary of items to be taxed where of special nature and uplift.
Legal Aid in Family Proceedings (Remuneration) Regulations 1991


 
 Ashford Hotels Ltd v Higgins and Others; CA 14-Aug-1995 - Ind Summary, 14 August 1995
 
Danemark Limited v BAA Plc [1995] EWCA Civ 6
16 Oct 1995
CA

Company, Costs, Litigation Practice
The defendant had obtained an order or additional security for costs against the defendant company (registered with £100 share capital) under the section. It appealed. There was evidence to suggest some fraud by the plaintiff, but also that there was a genuine claim. The court had a difficult balance to draw between stifling a proper claim by a small company and putting the defendant at risk of incurring costs the plaintiff could not meet. The judge had erred, and the security order was vacated.
Companies Act 1985 726(1)
1 Cites

[ Bailii ]
 
Joyce v Kammac (1988) Ltd Gazette, 18 October 1995; Times, 16 October 1995
16 Oct 1995
QBD

Legal Professions, Costs
A contract between a lawyer and his client to recover only the excess of the costs over the 'Green Form' costs the lawyer which would be allowed, was illegal and a sham. Those excess costs could not therefore be recovered from a third party.

 
Melville v Southwark Crown Court Ind Summary, 13 November 1995
13 Nov 1995
QBD

Costs
Successful no case submission should have costs order despite possible alternative.

 
Mcleod v Royal Bank of Scotland Gazette, 29 November 1995
29 Nov 1995
QBD

Costs
Examination of indemnity basis of costs orders and procedures to be used.

 
Penny v Penny Ind Summary, 04 December 1995
4 Dec 1995
CA

Costs
No power to order security for costs where judgment already given.

 
Regina v Dover Magistrates Court Ex Parte Commissioners of Customs and Excise Times, 12 December 1995
12 Dec 1995
QBD

Costs
The Justices power to award costs on a case which had not been not proceeded with was limited to that case only.
Courts Act 1971 52


 
 Jonathan Alexander Ltd v Proctor; CA 19-Dec-1995 - Times, 03 January 1996; Ind Summary, 22 January 1996; [1996] 1 WLR 518

 
 Willis v Redbridge Health Authority; CA 22-Dec-1995 - Gazette, 11 January 1996; Times, 22 December 1995; [1996] 1 WLR 1228

 
 Regina v Department of Trade and Industry Ex Parte Heulaugh Farms; QBD 27-Dec-1995 - Times, 27 December 1995

 
 Tolstoy-Miloslavsky v Aldington; CA 27-Dec-1995 - Gazette, 10 January 1996; Independent, 03 January 1996; Times, 27 December 1995; [1996] 1 WLR 736
 
Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.