‘Where a person is not tried for an offence for which he has been indicted, or in respect of which proceedings against him have been sent for trial or transferred for trial, or has been acquitted on any count in the indictment, the court may make a defendant’s costs order in his favour. Such an … Continue reading Practice Direction (Criminal Proceedings: Costs): 2004
The usual rule that, for a case lasting less than one day the costs order should be assessed summarily, was to be set aside where there was any point of principle sufficient to justify further consideration. In this case, one party challenged the hourly rate charged by the in-house legal department of the respondent. Citations: … Continue reading Regina v Cardiff City Council Ex Parte Brown: QBD 11 Aug 1999
The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate. Held: The Agency had been justified in allowing the application in the form presented. Nor had there been inadeqate disclosure. Everything which was required to be … Continue reading Edwards, Regina (on the application of) v Environment Agency: HL 16 Apr 2008
The House of Lords has the power to hear a case where the parties have in effect settled and there remains no lis at issue, but the House will not hear such an academic case where no general issue of importance is at stake, or the facts are particular. There must be a good reason … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Salem: HL 3 Mar 1999
The court gave guidance on legal aid arrangement for the funding of supporting expert evidence in care applications. Held: The court gave the following guidance: ‘i) The words ‘the cost thereof is deemed to be a necessary and proper disbursement on [a named individual’s] public funding certificate’ (or words to equivalent effect) should no longer … Continue reading DS and Others (Children): FD 31 May 2012
A court may make a pre-emptive award of costs to pension fund members who wished to sue the trustees. Hoffmann LJ said: ‘if one looks at the economic relationships involved, there does seem to me to be a compelling analogy between a minority shareholder’s action for damages on behalf of the company and an action … Continue reading McDonald and Others v Horn and Others: CA 8 Aug 1994
BANKING – EQUITY, TRUSTS, PROBATE ADMINISTRATOR’S POWERS OF INVESTMENT Bank as sole administrator cannot invest estate funds in its own deposits in the absence of express sanction in the trust instrument.Lord Oliver of Aylmerton said: ‘A trustee who is in genuine doubt about the propriety of any contemplated course of action in the exercise of … Continue reading Marley and 11 Others v Mutual Security Merchant Bank and Trust Co Ltd Co: PC 15 Oct 1990
The Crown Court had made a criminal bankruptcy order in the sum of andpound;5,000 but failed to identify how that was to be distributed between the offences. The judge subsequently, but after the 28 day period provided by section 11(2) of the 1971 Act, purported to rectify the court’s order. Held: He was entitled to … Continue reading Regina v Saville: CACD 24 Jan 1980
EAT Practice and Procedure Striking-out/dismissalAdmissibility of evidenceAn employment tribunal has no jurisdiction to hear a claim of discrimination and victimisation founded upon a letter from the Respondent’s advisers to the Claimant’s advisers refusing to disclose a document said to be relevant. Disclosure and preparation of bundles pursuant to case management directions are protected by absolute … Continue reading South London and Maudsley NHS Trust v Dathi: EAT 18 Feb 2008
The claimant appealed against an order striking out his claim for personal injuries. The claim had been issued in time, but not served. An extension of time was granted, and the notice sent by first class post the day before that period expired. The defendant had claimed that the rules deemed service on the second … Continue reading Godwin v Swindon Borough Council: CA 10 Oct 2001
The applicant had been required to pay andpound;124,900 as security for the respondent’s costs as a condition of his appeal against an award of damages in a defamation case. Held: It followed from established case law that article 6(1) did not guarantee a right of appeal. It was not disputed that the security for costs … Continue reading Tolstoy Miloslavsky v United Kingdom: ECHR 19 Jul 1995
Proceedings were issued in England for service on the defendant in Switzerland, but because of an error by the Swiss Court were not properly served. Proceedings were then issued in Sitzerland, and seisin was claimed for the Swiss Court. The claimant applied to have service dispensed with in order to obtain priority for the English … Continue reading Phillips and Another v Symes and Others (No 6): CA 19 May 2006
‘In the event the [disposal] hearing fixed to take place on 2 October 2007, no longer needed for the purpose for which it had been fixed, was, surprisingly, used for another purpose, namely for the district judge to conduct a summary assessment of costs. Paragraph 13.2 of the Practice Direction appended to Part 44 of … Continue reading Thenga v Quinn: CA 2009
(Practice Note) The solicitor appealed an order which made the success fee payable different at different stages of the court action. Held: The court had no power to make such an order. To the extent that the CPR might suggest otherwise they were wrong. ‘a practice direction has no legislative force. Practice directions provide invaluable … Continue reading KU (A Child) v Liverpool City Council: CA 27 Apr 2005
Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990
Exemplary Damages Award in Defamation The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. The Court of Appeal had considered Rookes -v- Barnard to have been … Continue reading Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972
The claimant had succeeded in an action against her legally aided opponent, but then delayed in making her claim for costs against the respondent. The costs judge said that the CPR did not apply, and that he had no discretion to extend the time limit. The claimant said that a costs judge could extend the … Continue reading Floyd and Another v Legal Services Commission: QBD 28 Apr 2010
The claimant, a patient hld at Rampton Hospital faced charges of attempted murder of two nurses. His lwayers had asked for the right to see their client in private, but eth Hospital objected, insisting on the presence of two nurses at all times. They said this was to protect both the lawyers and the client … Continue reading Brown, Regina v: CACD 29 Jul 2015
UTIAC (i) Rule 7(2) of the Tribunal Procedure (Upper Tribunal) Rules 2008 empowers the Upper Tribunal to take such action as it considers just, which may include striking out a party’s case under rule 8, where there has been a failure to comply with a requirement of the rules, a practice direction or a tribunal … Continue reading SN, Regina (on The Application of) v Secretary of State for The Home Department (Striking Out : Principles) (IJR): UTIAC 23 Apr 2015
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
There has been a failure on the part of the trial judge to include costs incurred at a committal hearing in an order for costs which was made in favour of an accused who had been acquitted. It had plainly been the intention of the trial judge to include such costs in the order which … Continue reading Regina v Michael: QBD 1976
There had been a trial of 35 days regarding rights of way over land, which had proved fruitless, and where some orders had been made without jurisdiction. The result had been inconclusive. The costs order was now appealed, the plaintiff complaining that the judge had failed to take into account an offer of settlement made … Continue reading Cutts v Head and Another: CA 7 Dec 1983
Oni_LeicesterEAT2012 EAT PRACTICE AND PROCEDURE – CostsThe Employment Tribunal should have recused itself from hearing an application for costs, given opinions which it expressed when giving reasons for deciding the case against the Claimant. A Tribunal dealing with the question of liability can and should express itself fully and properly on that issue, making if … Continue reading Oni v NHS Leicester City: EAT 12 Sep 2012
EAT PRACTICE AND PROCEDURE – CostsExpenses/costs. Claimant found liable in expenses – on grounds of misconduct- restricted to andpound;4,000 on account of his limited means. Fresh evidence heard on appeal which showed that Claimant had made misrepresentations to the Employment Tribunal regarding the nature and extent of his regular outgoings and regarding disposal of a … Continue reading Shields Automotive Ltd v Greig: EAT 15 Jul 2011
The defendant’s negotiators had asserted in an expressly ‘without prejudice’ meeting, that the plaintiff was infringing its patent and they threatened to bring an action for infringement. The plaintiff sought to bring a threat action under section 70 relying on the statements. The judge held the statement inadmissible. Held: The plaintiff’s appeal failed. Where there … Continue reading Unilever plc v Procter and Gamble Company: CA 4 Nov 1999
New CPR govern Indemnity Costs awards The defendant had successfully defended the main claim and now appealed against the refusal of an order for costs on an indemnity basis even though judge thought that the claimants had behaved unreasonably. He had said that some conduct deserving of moral condemnation was required. The defendant had made … Continue reading Reid Minty (a firm) v Taylor: CA 2002
Long delayed ancillary relief application proceeds The parties had divorced some 22 years before, but no ancillary relief order had been made to satisfy the application outlined in the petition. The parties when together had lived in relative poverty, but H had subsequently become wealthy. W applied for lump sum provision. W appealed against order … Continue reading Wyatt v Vince: SC 11 Mar 2015
Costs of Wrongly Appointed Receiver ‘The contest in this case is about who should bear the costs and expenses of a receiver appointed under an order which ought not to have been made. The appellant, who is a former partner in a well known firm of accountants, was appointed to act as management receiver of … Continue reading Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014
The claimant sought to have set aside a decision of the House of Lords as to the validity of the 2004 Order, saying that it had been based on a failure by the defendant properly to disclose matters it was under a duty of candour to disclose.