swarb.co.uk - law index
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Costs - From: 1990 To: 1990
This page lists 10 cases, and was prepared on 20 May 2019.
ÂDe Bry v Fitzgerald [1990] 1 WLR 552; [1990] 1 All ER 560
1990
CA
Dillon LJ, Donaldson LJ, Staughton LJ
Litigation Practice, Costs
A request was made for security for costs in a large sum against a foreign resident party: "The more usual course might have been to order security, if security was to be ordered at all, in a relatively small sum in the first place, leaving the defendants to come back for further security as the matter progressed."
Lord Donaldson said that since the purpose of an order for security against a plaintiff ordinarily resident outside the jurisdiction, is to have a fund within the jurisdiction which will guarantee that any order for costs in favour of the defendant will be met, "it is a complete answer to an application for such an order that a fund already exists, at least if the Court can ensure that the fund will not be dissipated.
Staughton LJ said, in reliance upon Kevorkian v Burney (No 2) [1937] 4 All ER 468, that it is for the plaintiff to show that he has an asset within the jurisdiction which will remain here and then for the defendant to show, if he can, that the asset is worthless or not of sufficient worth to cover the costs.
1 Cites
1 Citers
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Southern Depot v British Railways Board [1990] 2 EGLR 39
1990
ChD
Morritt J
Landlord and Tenant, Costs
On granting relief from forfeiture, the tenant was ordered to pay the landlord's costs on an indemnity basis given the very particular circumstances.
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E v E (Financial Provision) [1990] 20 Fam Law 297; [1990] 2 FLR 233
1990
FD
Ewbank J
Family, Costs
The parties had a long marriage. They had acquired or inherited substantial assets, some of which had been placed in trusts. W had left and had affairs. She sought ancillary relief. Held: The wife's behaviour was not to be considered as a separate factor under section 25, but was still part of the picture of her contribution to the marriage. The post-nuptial settlement should not be varied to an extent greater than was necessary, and the first consideration remained the welfare of the children. W had persisted in unrealistic valuations of properties, and H had at first failed to disclose assets held in Switzerland. Each had contributed to increased costs and the costs order should reflect this.
Matrimonial Causes Act 1973 25(2)(g)
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Regina v Dudley Magistrates' Court, ex parte Power City Stores Limited and Another [1990] JP 654
1990
CA
Pill LJ, Woolf LJ
Costs, Magistrates
The defendant sought to recover the cost of employing leading counsel to defend him in the magistrates court after succeeding. The magistrates had disallowed the costs of leading counsel. Held: The fact that the defendant could have obtained the same services at a much lower price than that average elsewhere is irrelevant. Pill LJ described the first test to be applied by the costs clerk on the taxation of costs in the magistrates court: "In order to fulfil the requirements of stage one he has to ask himself, first of all, whether the expenses are ones which are properly incurred by the defendant."
Woolf LJ said that in seeking to apply the statute and the Regulations the clerk to the justices had asked himself the wrong question. He asked himself if a junior counsel or a senior solicitor could reasonably have conducted the case on behalf of the applicants, and answered that question in the affirmative. What he should have asked himself was “whether the applicant acted reasonably in employing leading counsel”. If the answer to that question was in the affirmative then the expenses were properly incurred for the purposes of section 16.
He continued: "Having regard to the nature of the case, which I have already described, it is quite impossible for it to be said that the defendants were acting improperly in instructing leading counsel." and "I would content myself by making an order of certiorari to quash the decision of the justices' clerk, being confident that when the justices' clerk reconsiders the matter, as he is required to do, and reassesses what are the proper expenses to be paid, he will approach the matter in the way indicated in the judgment which I have just given. In other words he will come to the conclusion in this case, which is the only conclusion which I would regard as being proper, that it was reasonable to engage leading counsel and merely confine himself to considering what fees are properly recoverable in respect of the instruction of leading counsel."
Prosecution of Offenders Act 1985 16(6) 16(7)
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 Holden and Co (A firm) v Crown Prosecution Service; 1990 - [1990] 2 QB 261; [1990] 1 All ER 368; [1990] 2 WLR 1137
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Trident International Freight Services Ltd v Manchester Ship Canal Co [1990] BCLC 263
1990
Costs
There was evidence that the plaintiff was no longer trading, and that it had previously received support from another company which was a creditor of the plaintiff company and therefore had an interest in the plaintiff's claim continuing. The court considered an application for security for costs. Held: Before the court refuses to order security on the ground that it would unfairly stifle a valid claim, the court must be satisfied that, in all the circumstances, it is probable that the claim would be stifled if an order was made.
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 UCB Bank Plc v Dundas and Wilson; SCS 1990 - 1990 1 SLT 90
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 Hunt v R M Douglas (Roofing) Ltd; HL 1990 - [1990] 1 AC 398
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Law Society v Persaud Times, 10 May 1990
10 May 1990
Costs
A successful defendant was entitled to claim his travelling expenses (from South Africa) to conduct the case in person and to the reasonable costs of travelling in connection with the case.
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Regina v Totnes Licensing Justices, ex parte Chief Constable of Devon and Cornwall Times, 28 May 1990; (1990) 156 JP 587
28 May 1990
QBD
Roch J
Costs, Magistrates, Licensing
The court considered the award of costs in a licensing case. Roch J said: "There can be no doubt that in civil proceedings between litigants, be it in the High Court or county court, the principle is that costs follow the event. The winning party obtains an order for costs against the losing party unless there are exceptional circumstances or reasons why this should not be so.
Mr Barrie has pointed out that the basis of that principle is this: the losing litigant should not have contested the matter before the court. In my judgment it was wrong for the justices to treat this matter as civil proceedings between two private litigants and to ignore the factor urged upon them by the solicitor appearing for the police authority, namely, that the police have a function which they are required to perform. They are required to supervise the proper conduct of the licensed premises and to object in those cases where there are good grounds for objecting to the renewal of the licence. That that is the police’s function is clearly demonstrated by the provisions in the Licensing Act which give the police power to enter licensed premises whether at the invitation of the licensee or not.
In addition, in my view, the police authority must also bring to the attention of the licensing justices matters of which the police know and which can fairly and properly be said to amount to misconduct by the licensee or those for whom he is responsible.
Such factors emphasise the importance of the police being able to discharge their functions with regard to the licensing laws fairly and properly. Of course, if the evidence indicated that an objection by a police authority to the renewal of the justices' on-licence was misconceived, that it was without [proper] foundation or born of malice or some improper motive, then it would be just and reasonable for the police to be ordered to pay the costs of the successful licensee . . One of the roles the police must fulfil is to enable justices, who have to consider the renewal of licenses, to make informed decisions."
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