Category: Costs

Manchester City Council v G and Others: CA 2 Aug 2011

The Council had been found to have wrongfully deprived the applicant of his liberty. They appealed now against an award of costs made against them.
Held: The appeal failed. The judge the power to depart from the usual order made under rule 157 where unreasonable conduct was found.

Judges:

Laws, Longmore, Etherton LJJ

Citations:

[2011] EWCA Civ 939

Links:

Bailii

Statutes:

Court of Protection rules 157

Jurisdiction:

England and Wales

Citing:

See Also – G v E and Others CoP 26-Mar-2010
E Was born with and still suffered severe learning difficulties. The court was asked as to the extent of his capacity to make decisions, and as to where he should live, with a family member, the carer or with the local authority, which had removed . .
Appeal from – G v E and Others FD 21-Dec-2010
(Court of Protection) Baker J awarded costs against a local authority which had been guilty of misconduct which, he held, justified departure from the general rule. He observed: ‘Parties should be free to bring personal welfare issues to the Court . .

Cited by:

Cited – In re T (Children) SC 25-Jul-2012
The local authority had commenced care proceedings, alleging abuse. After lengthy proceedings, of seven men and two grandparents, all but one were exonerated. The grandparents had not been entitled to legal aid, and had had to mortgage their house . .
Lists of cited by and citing cases may be incomplete.

Costs, Family

Updated: 17 September 2022; Ref: scu.443234

KGM v News Group Newspapers Ltd and Others: CA 25 May 2011

Judges:

Lord Neuberger MR, Etherton, Gross LJJ

Citations:

[2011] EWCA Civ 933

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – KGM v News Group Newspapers Ltd and Others QBD 1-Dec-2010
The claimant had obtained an interim injunction to prevent the defendant newspapers from publishing stories about him, together with an order protecting his identity within the proceedings. The defendants now sought to have the injunctions set . .
Lists of cited by and citing cases may be incomplete.

Media, Costs

Updated: 17 September 2022; Ref: scu.442714

The Lord Chancellor v Alexander Johnson and Co Solicitors and Another: QBD 29 Jul 2011

The court was asked whether the respondents, a firm of solicitors and a barrister, are in respect of acting on behalf of Aaron Phillips in certain criminal proceedings entitled to fees payable under the Litigators’ Graduated Fee Scheme (GFS) or under the Very High Costs Cases (VHCC) scheme. The issue involves a point of interpretation of the Criminal Defence Services (Funding) Order 2007 as amended.

Judges:

Davis J

Citations:

[2011] EWHC 2113 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Costs, Legal Aid

Updated: 17 September 2022; Ref: scu.442461

Wittman (UK) Ltd v Willdav Engineering Sa: CA 10 May 2007

Application by the respondent under CPR Rule 52.9(1)(c) for an order that the appellant be required to pay into court the amount of the judgment debt together with a sum of money on account of the costs of the action as a condition of pursuing the appeal.

Judges:

Moore-Bick LJ

Citations:

[2007] EWCA Civ 521

Links:

Bailii

Jurisdiction:

England and Wales

Costs, Litigation Practice

Updated: 17 September 2022; Ref: scu.442424

Greenan v Courtney: SCS 14 Dec 2007

Motion on behalf of the first defender for the expenses awarded against her as an assisted person to be modified to nil. The motion was opposed on the basis that her conduct during the litigation did not justify modification of the expenses.

Citations:

[2007] ScotCS CSOH – 200

Links:

Bailii

Jurisdiction:

Scotland

Costs

Updated: 17 September 2022; Ref: scu.263286

Dunnett v Railtrack plc: CA 22 Feb 2002

The claimant had appealed a judgment against her. The court itself recommended that the parties use a method of alternate dispute resolution, to avoid the need for appeal. The defendant refused, not wishing to make any payment over and above the offer it had already made.
Held: The defendant, otherwise successful on appeal, should be penalised in costs. No award of costs was made. Parties should bear in mind the over-riding objective, and the purpose of ADR. A party should be particularly careful before rejecting ADR when recommended by the court, and should not be surprised if penalised in costs for not following such a recommendation.

Judges:

Lord Justice Brooke, Lord Justice Robert Walker and Lord Justice Sedley

Citations:

Times 03-Apr-2002, Gazette 18-Apr-2002, [2002] EWCA Civ 303, [2002] 1 WLR 2434, [2002] CPLR 309, [2002] 2 All ER 850

Links:

Bailii

Statutes:

Civil Procedure Rules 44(4)

Jurisdiction:

England and Wales

Citing:

Appeal from – Dunnett v Railtrack plc CA 22-Feb-2002
The claimant had appealed a judgment against her. The court itself recommended that the parties use a method of alternate dispute resolution, to avoid the need for appeal. The defendant refused, not wishing to make any payment over and above the . .
See Also – Dunnett v Railtrack Plc (302) CA 22-Feb-2002
. .

Cited by:

Cited – Halsey v Milton Keynes General NHS Trust etc CA 11-May-2004
The court considered the effect on costs orders of a refusal to take part in alternate dispute resolution procedures. The defendant Trust had refused to take the dispute to a mediation. In neither case had the court ordered or recommended ADR.
Cited – Hurst v Leeming (9026) ChD 9-May-2002
The claimant solicitor, had instructed the defendant, a barrister, to represent him in a civil claim. He sought had damages for alleged negligence. He had agreed that the action could not proceed, and the court had to decide the costs. He resisted . .
Cited – Rolf v De Guerin CA 9-Feb-2011
The parties had disputed a building contract. A Part 36 offer had been made by the builder defendant, but the judgment was for rather less, and the judge awarded the claimant her costs.
Held: The court exercised its discretion to set aside the . .
Appeal from – Dunnett v Railtrack plc CA 22-Feb-2002
The claimant had appealed a judgment against her. The court itself recommended that the parties use a method of alternate dispute resolution, to avoid the need for appeal. The defendant refused, not wishing to make any payment over and above the . .
Cited – DSN v Blackpool Football Club Ltd QBD 20-Mar-2020
Indemnity costs award on ADR refusal
The claimant succeeded in his claim for damages for historic sexual abuse, and recovered more than his rejected offer for settlement. He now claimed his costs on an indemnity basis.
Held: ‘It is correct that an order for indemnity costs means . .
Lists of cited by and citing cases may be incomplete.

Costs, Litigation Practice

Updated: 16 September 2022; Ref: scu.168117

Solomon v Cromwell Group Plc: CA 19 Dec 2011

Common issues relating to the construction of Part 36 of the Civil Procedure Rules and its inter-action with Part 44, which contains general rules about costs, and Section II of Part 45, which contains rules about costs in certain kinds of road traffic accident claims.

Judges:

Pill, Moore-Bick, Aikens LJJ, Hurst SCJ

Citations:

[2011] EWCA Civ 1584, [2012] PIQR P9, [2012] 2 Costs LR 314, [2012] RTR 24, [2012] CP Rep 14, [2012] 1 WLR 1048, [2012] 2 All ER 825

Links:

Bailii

Statutes:

Civil Procedure Rules 36 45

Jurisdiction:

England and Wales

Costs, Civil Procedure Rules

Updated: 16 September 2022; Ref: scu.450119

Shergill v Purewal and Another: CA 22 Jun 2011

The claimant’s defamation action had been stayed as unjusticiable. The second defendant now appealed against an order for costs against it.
Held: The appeal against the costs order was allowed.

Judges:

Maurice Kay, Richards, Leveson LJJ

Citations:

[2011] EWCA Civ 815

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Shergill v Purewal and Another QBD 15-Dec-2010
The court was asked to rule that the action in defamation was non-justiciable depending for its outcome on matters of intepretation of the Sikh faith.
Held: the action was stayed. . .

Cited by:

Cited – Khaira and Others v Shergill and Others CA 17-Jul-2012
The parties disputed the trusteeship and governance of two Gurdwaras (Sikh temples). The defendants now applied for the claim to be struck out on the basis that the differences were as to Sikh doctrines and practice and as such were unjusticiable. . .
Lists of cited by and citing cases may be incomplete.

Defamation, Costs

Updated: 16 September 2022; Ref: scu.441886

Gourlay, Regina (on The Application of) v Parole Board: SC 4 Dec 2020

The appellant life prisoner had successfully challenged a decision of the parole board, but had later been refused his costs on the basis that the Board had been acting in effect as a judicial body.

Judges:

Lord Reed PSC, Lord Hodge DPSC, Lord Lloyd-Jones, Lady Arden, Lord Leggatt JJSC

Citations:

[2020] UKSC 50, [2020] WLR(D) 666, [2020] 1 WLR 5344

Links:

Bailii, WLRD, Bailii Press Summary, Bailii Issues and facts

Jurisdiction:

England and Wales

Citing:

Cited – Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham CA 27-Feb-2004
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent.
Held: The coroner, and others in a similar position . .
Appeal from – Gourlay, Regina (on The Application of) v The Parole Board CA 14-Jul-2017
Does the established practice of the High Court, to make no order for costs for or against an inferior tribunal or court which plays no active part in a judicial review of one of its decisions, extend to the Board? . .
Cited – Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham CA 27-Feb-2004
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent.
Held: The coroner, and others in a similar position . .
Lists of cited by and citing cases may be incomplete.

Prisons, Costs

Updated: 15 September 2022; Ref: scu.656805

General Motors UK Ltd v The Manchester Ship Canal Company Ltd: ChD 13 Jan 2017

Judges:

Behrens HHJ

Citations:

[2017] EWHC 21 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – General Motors UK Ltd v The Manchester Ship Canal Company Ltd ChD 30-Nov-2016
The claimants had had a long standing licence to discharge water in the defendant’s canal. Having failed to pay the license fee, the licence was revoked. The claimants sought relief from forfeiture.
Held: Granted . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 15 September 2022; Ref: scu.573842

Bahta and Others, Regina (on The Application of) v Secretary of State for The Home Department and Others: CA 26 Jul 2011

Appeals against decisions as to costs made by High Court Judges in immigration cases following consent orders.
Held: Even against government departments the normal provisions as to costs contained in the CPR apply, including the general rule starting point (rule 44.3(2)) that a successful claimant is entitled to his costs and the importance of complying with Pre-action Protocols (an aspect of conduct identified in rule 44.3(5)).

Judges:

Pill, Sullivan LJJ, Hedley J

Citations:

[2011] EWCA Civ 895, [2011] 5 Costs LR 857, [2011] ACD 116, [2011] CP Rep 43

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 15 September 2022; Ref: scu.442180

Arrowsmith v Nottingham Trent University: CA 10 Jun 2011

The claimant appealed against an order for costs made against her after rejection of her employment claim.
Daleside lays down no point of principle of general application; that where a party lies about a central allegation in the case an award of costs must follow. Each case will be fact-sensitive.

Judges:

Laws, Richards, Rimer LJJ

Citations:

[2011] EWCA Civ 797, [2012] ICR 159

Links:

Bailii

Statutes:

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 40

Jurisdiction:

England and Wales

Citing:

Appeal from – Arrowsmith v Nottingham Trent University EAT 12-Jul-2010
EAT PRACTICE AND PROCEDURE
Review
Appellate jurisdiction/reasons/Burns-Barke
The Employment Tribunal did not err in refusing at a review hearing to vary its decision. The new evidence would not . .
Lists of cited by and citing cases may be incomplete.

Employment, Costs

Updated: 15 September 2022; Ref: scu.441629

Fox v Foundation Piling Ltd: CA 7 Jul 2011

Parties are entitled to make a Calderbank offer outside the framework of Part 36. The precise formulation of such an offer would of course depend upon the facts of a particular case, but the offer would be made without prejudice save as to costs and, unless accepted, would thus be available to the defendant when the issue of costs came to be considered by the trial judge at the end of a trial.

Judges:

Ward, Moore-Bick, Jackson LJJ

Citations:

[2011] EWCA Civ 790, [2011] CP Rep 41, [2011] 6 Costs LR 961

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Fairclough Homes Ltd v Summers SC 27-Jun-2012
The respondent had made a personal injury claim, but had then been discovered to have wildly and dishonestly exaggerated the damages claim. The defendant argued that the court should hand down some condign form of punishment, and appealed against . .
Cited – Cherkley Campaign Ltd, Regina (on The Application of) v Mole Valley District Council and Another Admn 15-Nov-2013
Decision after successful request for judicial review of decision to grant planning permission. The respondent and interested party resisted costs orders saying that the claimant had not been successful on all points.
Held: In general the . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Costs

Updated: 15 September 2022; Ref: scu.441532

Sloutsker v Romanova: QBD 5 Mar 2015

The claimant sued for libel in respect of the publication in this jurisdiction of allegations of fabricating evidence, conspiracy to murder, and the bribery and corruption of the prosecutor and judges in criminal proceedings. The defendant now applied to set aside service of proceedings on her outside the jurisdiction.
As to CPR 23.11, Warby J said: ‘Where a party fails to appear at the hearing of an application the court may proceed in their absence: CPR 23.11. This is a power that must be exercised in accordance with the overriding objective. Ms Page properly referred me to authority making it clear that the court should be very careful before concluding that it is appropriate to proceed in the absence of a litigant in person who is seeking for the first time to adjourn a hearing: Fox v Graham Group Ltd (26 July 2001) (Neuberger J); SmithKline Beecham Ltd v GSKline Ltd [2011] EWHC 169 (Ch) (Arnold J), [6]. That is not the situation here, however. The defendant has not sought an adjournment . . Where a litigant fails to appear without giving a reason it is necessary to consider first whether they have had proper notice of the hearing date and the matters, including the evidence, to be considered at the hearing. If satisfied that such notice has been given, the court must examine the available evidence as to the reasons why the litigant has not appeared, to see if this provides a ground for adjourning the hearing.’
. . And ‘This rule enables the court to proceed on the basis of the claimant’s unchallenged particulars of claim. There is no need to adduce evidence or for findings of fact to be made in cases where the defendant has not disputed the claimant’s allegations. That in my judgment will normally be the right approach for the court to take. Examination of the merits will usually involve unnecessary expenditure of time and resources and hence [be] contrary to the overriding objective. It also runs the risk of needlessly complicating matters if an application is later made to set aside the default judgment . .’

Judges:

Warby J

Citations:

[2015] EWHC 545 (QB), [2015] 2 Costs LR 321

Links:

Bailii

Statutes:

Civil Procedure Rules 23.11(1)

Jurisdiction:

England and Wales

Citing:

See Also – Sloutsker v Romanova QBD 21-Jan-2015
The claimant complained that the defendant libelled him in four publications: a blog post written by her on the website of the Moscow-based radio station Echo Moscow. . .

Cited by:

Cited – Brett Wilson Llp v Person(s) Unknown, Responsible for The Operation and Publication of The Website www.solicitorsfromhelluk.com QBD 16-Sep-2015
The claimant solicitors sought remedies against the unknown publishers of the respondent website which was said to publish material defamatory of them, and to ampunt to harassment.
Held: The alleged defamatory meanings were not challenged by . .
See Also – Sloutsker v Romanova QBD 16-Jul-2015
Remedies after finding of defamation . .
Cited – Dhir v Saddler QBD 6-Dec-2017
Slander damages reduced for conduct
Claim in slander. The defendant was said, at a church meeting to have accused the client of threatening to slit her throat. The defendant argued that the audience of 80 was not large enough.
Held: ‘the authorities demonstrate that it is the . .
Cited – Ahuja v Politika Novine I Magazini Doo and Others QBD 23-Nov-2015
Action for misuse of private information and libel. Application to have set aside leave to serve out of the jurisdiction. The defendant published a newspaper in Serbian, in print in Serbia and online. Though in Serbian, the claimant said that online . .
Lists of cited by and citing cases may be incomplete.

Defamation, Litigation Practice, Costs

Updated: 13 September 2022; Ref: scu.543933

Mirikwe v Wilson and Co Solicitors and Others: EAT 11 May 2011

EAT UNFAIR DISMISSAL
Costs. Award made without taking account of paying party’s means because (1) she did not attend the costs hearing (although in the court building) and (2) her conduct of the proceedings throughout had been ‘outrageous’. Held, on appeal: the decision was well within the wide ambit of the Tribunal’s discretion on costs.

Judges:

Luba QC J

Citations:

[2011] UKEAT 0025 – 11 – 1105

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Applied – Adecco Uk Ltd v Aldwinkle EAT 8-Nov-2012
EAT Practice and Procedure : Costs – The Claimant deliberately took no part in the proceedings once his solicitor came off the records. He failed to co-operate with the Respondent, ignored an ET order and did not . .
Lists of cited by and citing cases may be incomplete.

Employment, Costs

Updated: 13 September 2022; Ref: scu.441165

Barr and Others v Biffa Waste Services Ltd [No 4]: TCC 19 Apr 2011

Judges:

Coulson J

Citations:

[2011] EWHC 1107 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Barr and Others v Biffa Waste Services Ltd (No 3) TCC 19-Apr-2011
The claimants sought damages in nuisance saying that the defendant’s waster recycling plant was causing odorous pollution of their nearby homes. . .
See Also – Barr and Others v Biffa Waste Services Ltd TCC 15-May-2009
The Claimants were the residents of a housing estate who applied for a Group Litigation Order to pursue their claim of nuisance and negligence against a waste contractor. The Defendant requested the disclosure of their ‘after the event’ insurance . .
See Also – Barr and Others v Biffa Waste Services Ltd (No.2) TCC 2-Oct-2009
. .
See Also – Barr and Others v Biffa Waste Services Ltd (No 3) TCC 19-Apr-2011
The claimants sought damages in nuisance saying that the defendant’s waster recycling plant was causing odorous pollution of their nearby homes. . .

Cited by:

Costs judgment below – Barr and Others v Biffa Waste Services Ltd CA 19-Mar-2012
The claimants appealed against rejection of their claims for nuisance in the form of smells emanating from the respondent neighbour’s waste processing plant. The defendant relied upon the grant of planning permission.
Held: The cause of action . .
See Also – Barr and Others v Biffa Waste Services Ltd (No 3) TCC 19-Apr-2011
The claimants sought damages in nuisance saying that the defendant’s waster recycling plant was causing odorous pollution of their nearby homes. . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 13 September 2022; Ref: scu.440201

Wilsons Solicitors v Johnson and Others: EAT 20 May 2011

EAT PRACTICE AND PROCEDURE – Wasted costs
Judge made wasted costs order in respect of a CMD which she believed had been abortive because the Appellant solicitors had not properly prepared their case – Order upheld – Observations on desirability of tribunals expressly referring to the relevant principles in their reasons.

Judges:

Underhill P J

Citations:

[2011] UKEAT 0515 – 10 – 2005

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Costs

Updated: 13 September 2022; Ref: scu.440156

Lancashire Constabulary, Regina (on the Application Of) v Reedley Magistrates Court: Admn 19 Mar 2004

Claim by the Chief Constable of Lancashire Constabulary for an order quashing a decision of the Reedley Magistrates’ Court awarding costs to the interested party, a Mr Cairns, against the Chief Constable in a licensing application.

Judges:

Gage J

Citations:

[2004] EWHC 677 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Licensing, Police, Costs

Updated: 12 September 2022; Ref: scu.195556

Marsh v Sofaer and Another: ChD 25 May 2006

Judges:

David Richards J

Citations:

[2006] EWHC 1217 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Marsh v Sofaer and Another ChD 3-Dec-2003
The claimant had instructed the defendant firm of solicitors in civil proceedings. At a later time, she was prosecuted convicted and sentenced for criminal acts. She claimed that the defendant solicitor who had come to believe that she did not have . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 11 September 2022; Ref: scu.242305

Carse v Carse: QBNI 19 Dec 2000

‘Applications for review of Taxing Master’s decisions given in the two separate sets of proceedings. In both cases the petitioners were legally aided parties whose costs fell to be taxed under the relevant provisions. In both sets of proceedings the solicitors and counsel are aggrieved by the Taxing Master’s decisions which significantly reduced the solicitors’ costs and counsel’s fees allowed in respect of work carried out in those proceedings.’

Judges:

Girvan J

Citations:

[2000] NIQB 62

Links:

Bailii

Jurisdiction:

Northern Ireland

Costs, Legal Aid

Updated: 11 September 2022; Ref: scu.202123

Forstater and Another v Python (Monty) Pictures Ltd and Another: ChD 29 Nov 2013

Citations:

[2013] EWHC 3759 (Ch), [2014] 1 Costs LR 36

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Forstater and Another v Python (Monty) Pictures Ltd and Another ChD 5-Jul-2013
Claim to share of profits from Monty Python films. . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 11 September 2022; Ref: scu.518498

Ilangaratne v British Medical Association: ChD 9 May 2007

Judges:

Briggs J

Citations:

[2007] EWHC 920 (Ch), [2006] 1 Costs LR 101

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

see also – Ilangaratne v British Medical Association EAT 1-May-1998
. .
see also – Ilangaratne v British Medical Association EAT 11-May-1999
. .
see also – Ilangaratne v British Medical Association EAT 29-Sep-1999
. .
see also – Ilangaratne v British Medical Association and Another EAT 29-Mar-2001
. .
see also – Ilangaratne v British Medical Association and others EAT 29-May-2002
. .
see also – Dr J B Ilangaratne v British Medical Association Dr Richard Smith EAT 24-Mar-2003
EAT Race Discrimination – Direct . .
see also – Ilangaratne v British Medical Association ChD 4-Oct-2005
. .
Cited – Hazlett v Sefton Metropolitan Borough Council QBD 2-Dec-1999
The need for a party claiming his costs to give evidence to prove his entitlement to costs rather than relying on the presumption in his favour, will not arise if the defendant simply puts the complainant to proof of his entitlement to costs. The . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Costs

Updated: 10 September 2022; Ref: scu.251784

Golden Grove Estates Ltd v Chancerygate Asset Management Ltd: ChD 30 Apr 2007

Application for security for costs.

Judges:

Lindsay J

Citations:

[2007] EWHC 968 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Porzelack KG v Porzelack (UK) Ltd 1987
When considering an application for security for costs against a litigant resident in the EU, the courts must allow for the new additional scope for enforcement of any judgment under the 1982 Act. In this case, an order for security for costs . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 09 September 2022; Ref: scu.251568

Midland Marts v Hobday: ChD 1989

The court considered a claim for costs on an application for committal of the defendant for infringement.
Held: Vinelott J said: ‘I can see no reason in principle why the Court, if satisfied that the facts proved at the hearing of a motion to commit constitute both a breach of the undertaking to the Court and a breach of contract and also that there is no tenable ground of defence to an action for damages for breach of contract, should not direct an enquiry into damages or in a sufficiently clear case make a summary award of damages’.

Judges:

Vinelott J

Citations:

[1989] 1 WLR 1143

Jurisdiction:

England and Wales

Cited by:

Cited – Phonographic Performance Ltd v Reader ChD 22-Mar-2005
The claimant had in the past obtained an injunction to prevent the defendant broadcasting without their licence musical works belonging to their members at his nightclub. The defendant had obtained a licence, but had not renewed it. The claimants in . .
Cited – JSC BTA Bank v Khrapunov SC 21-Mar-2018
A had been chairman of the claimant bank. After removal, A fled to the UK, obtaining asylum. The bank then claimed embezzlement, and was sentenced for contempt after failing to disclose assets when ordered, but fled the UK. The Appellant, K, was A’s . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Costs

Updated: 09 September 2022; Ref: scu.272763

Couling v Coxe: 7 Dec 1848

A plaintiff in a civil action who has issued a witness summons or subpoena to a witness to attend may have an action against a witness who fails to attend, but the damages recoverable were limited to the costs of an abortive hearing when the Plaintiff was non-suited.

Citations:

(1848) 6 Dow and L 399, [1848] EngR 1014, (1848) 6 CB 703, (1848) 136 ER 1424

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – Re N CA 20-May-1999
The claimant was a victim of a rape. She alleged that the police had mishandled the prosecution, resulting in the dismissal of the charges against the defendant, which in turn, she said exacerbated her own post traumatic stress disorder.
Held: . .
Cited – JSC BTA Bank v Khrapunov SC 21-Mar-2018
A had been chairman of the claimant bank. After removal, A fled to the UK, obtaining asylum. The bank then claimed embezzlement, and was sentenced for contempt after failing to disclose assets when ordered, but fled the UK. The Appellant, K, was A’s . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Costs

Updated: 09 September 2022; Ref: scu.224415

Sharp and Others v Blank and Others: ChD 12 Apr 2016

Judges:

Nugee J

Citations:

[2016] EWHC 776 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Sharp and Others v Blank and Others ChD 22-Jul-2015
First CMC . .
See Also – Sharp and Others v Blank and Others ChD 23-Jul-2015
Application for costs budgeting system to be applied . .
See Also – Sharp and Others v Blank and Others (2) ChD 12-Nov-2015
Last in series of judgments on application for summary judgment on claims alleging breaches of fiduciary and tortious duties owed by the Defendant directors to the Claimants as shareholders in Lloyds plc. . .
See Also – Sharp and Others v Blank and Others (1) ChD 12-Nov-2015
‘This judgment concerns one particular aspect of the hearing which is the Defendants’ application for summary judgment on what has been referred to as the LIBOR allegation.’ . .

Cited by:

Cited – Sharp and Others v Blank and Others ChD 27-Jan-2017
. .
See Also – Sharp and Others v Blank and Others ChD 30-Jan-2017
. .
See Also – Sharp v Blank and Others ChD 21-Dec-2017
Application for approval of revised costs budget. . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 08 September 2022; Ref: scu.562029

Francois v Castle Rock Properties Ltd (T/S Electric Ballroom): EAT 5 Apr 2011

EAT PRACTICE AND PROCEDURE – Costs
UNFAIR DISMISSAL – Compensation
1. Compensation. It is argued, in reliance on Melia v Magna Kansei Ltd [2006] ICR 410, that the Employment Tribunal should have made an allowance for delay in payment of loss of earnings. This was, however, not argued below and no evidential foundation was laid for the making of such an award. This ground of appeal was dismissed.
2. Costs. The Tribunal awarded costs in the sum of andpound;250 against the successful Claimant by reason of the conduct of her representative. There was no sufficient basis for the award in the reasons given by the Tribunal. The award is set aside.

Judges:

Richardson J

Citations:

[2011] UKEAT 0260 – 10 – 0504

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Costs

Updated: 08 September 2022; Ref: scu.434909

D and D v S M H: FD 19 Mar 2008

Appeal against wasted costs order. The court was asked ‘Where a husband obtains a costs order against his wife and applies also for a wasted costs order against her solicitors in respect of the same costs, can that wasted costs order survive and be enforced against her solicitors when the husband has subsequently waived his costs claims against the wife?’

Judges:

Sumner J

Citations:

[2008] EWHC 559 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 07 September 2022; Ref: scu.278549

In Re Wiseman Lee (Solicitors) (Wasted Costs Order) (No 5 of 2000): CACD 5 Apr 2001

Where a court proposed a wasted costs order it was obliged by the regulations to hear the party against whom the order was sought. An order was made allowing the solicitors to make representations before a date, but the final order was made without having heard any representations, and the engrossed order made no reference to the steps taken, and was defective.

Citations:

Times 05-Apr-2001

Statutes:

Prosecution of Offences Act 1985 19A

Jurisdiction:

England and Wales

Legal Professions, Costs

Updated: 07 September 2022; Ref: scu.82300

JH (Palestinian Territories) v Upper Tribunal of The Immigration and Asylum Chamber and Another: CA 17 Jul 2020

Whether on a successful claim, costs of judicial review claim were to be ordered against the Secretary of State, or whether appropriate to order that costs of judicial review claim to be treated as costs in appeal before Upper Tribunal.

Judges:

Macur, Bean, Haddon-Cave LJJ

Citations:

[2020] EWCA Civ 919, [2021] 1 WLR 455, [2020] WLR(D) 429

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Immigration, Costs

Updated: 07 September 2022; Ref: scu.652572

Sharp and Others v Blank and Others: ChD 27 Jan 2017

Judges:

Nugee J

Citations:

[2017] EWHC 141 (Ch), [2017] 4 WLR 184

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Sharp and Others v Blank and Others ChD 22-Jul-2015
First CMC . .
See Also – Sharp and Others v Blank and Others ChD 23-Jul-2015
Application for costs budgeting system to be applied . .
See Also – Sharp and Others v Blank and Others (2) ChD 12-Nov-2015
Last in series of judgments on application for summary judgment on claims alleging breaches of fiduciary and tortious duties owed by the Defendant directors to the Claimants as shareholders in Lloyds plc. . .
See Also – Sharp and Others v Blank and Others (1) ChD 12-Nov-2015
‘This judgment concerns one particular aspect of the hearing which is the Defendants’ application for summary judgment on what has been referred to as the LIBOR allegation.’ . .
Cited – Sharp and Others v Blank and Others ChD 12-Apr-2016
. .

Cited by:

Cited – Sharp and Others v Blank and Others ChD 30-Jan-2017
. .
See Also – Sharp v Blank and Others ChD 21-Dec-2017
Application for approval of revised costs budget. . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 07 September 2022; Ref: scu.599613

Sharp v Blank and Others: ChD 21 Dec 2017

Application for approval of revised costs budget.

Judges:

Marsh CM

Citations:

[2017] EWHC 3390 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Sharp and Others v Blank and Others ChD 22-Jul-2015
First CMC . .
See Also – Sharp and Others v Blank and Others ChD 23-Jul-2015
Application for costs budgeting system to be applied . .
See Also – Sharp and Others v Blank and Others (2) ChD 12-Nov-2015
Last in series of judgments on application for summary judgment on claims alleging breaches of fiduciary and tortious duties owed by the Defendant directors to the Claimants as shareholders in Lloyds plc. . .
See Also – Sharp and Others v Blank and Others (1) ChD 12-Nov-2015
‘This judgment concerns one particular aspect of the hearing which is the Defendants’ application for summary judgment on what has been referred to as the LIBOR allegation.’ . .
See Also – Sharp and Others v Blank and Others ChD 12-Apr-2016
. .
See Also – Sharp and Others v Blank and Others ChD 27-Jan-2017
. .
Cited – Sharp and Others v Blank and Others ChD 30-Jan-2017
. .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 07 September 2022; Ref: scu.602620

Sharp and Others v Blank and Others: ChD 30 Jan 2017

Judges:

Nugee J

Citations:

[2017] EWHC B17 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Sharp and Others v Blank and Others ChD 22-Jul-2015
First CMC . .
See Also – Sharp and Others v Blank and Others ChD 23-Jul-2015
Application for costs budgeting system to be applied . .
See Also – Sharp and Others v Blank and Others (2) ChD 12-Nov-2015
Last in series of judgments on application for summary judgment on claims alleging breaches of fiduciary and tortious duties owed by the Defendant directors to the Claimants as shareholders in Lloyds plc. . .
See Also – Sharp and Others v Blank and Others (1) ChD 12-Nov-2015
‘This judgment concerns one particular aspect of the hearing which is the Defendants’ application for summary judgment on what has been referred to as the LIBOR allegation.’ . .
See Also – Sharp and Others v Blank and Others ChD 12-Apr-2016
. .
Cited – Sharp and Others v Blank and Others ChD 27-Jan-2017
. .

Cited by:

Cited – Sharp v Blank and Others ChD 21-Dec-2017
Application for approval of revised costs budget. . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 07 September 2022; Ref: scu.593121

Sharp and Others v Blank and Others: ChD 23 Jul 2015

Application for costs budgeting system to be applied

Judges:

Nugee J

Citations:

[2015] EWHC 2685 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Sharp and Others v Blank and Others ChD 22-Jul-2015
First CMC . .

Cited by:

See Also – Sharp and Others v Blank and Others (2) ChD 12-Nov-2015
Last in series of judgments on application for summary judgment on claims alleging breaches of fiduciary and tortious duties owed by the Defendant directors to the Claimants as shareholders in Lloyds plc. . .
See Also – Sharp and Others v Blank and Others (1) ChD 12-Nov-2015
‘This judgment concerns one particular aspect of the hearing which is the Defendants’ application for summary judgment on what has been referred to as the LIBOR allegation.’ . .
See Also – Sharp and Others v Blank and Others ChD 12-Apr-2016
. .
See Also – Sharp and Others v Blank and Others ChD 27-Jan-2017
. .
See Also – Sharp and Others v Blank and Others ChD 30-Jan-2017
. .
See Also – Sharp v Blank and Others ChD 21-Dec-2017
Application for approval of revised costs budget. . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 07 September 2022; Ref: scu.592589