Tag: Costs

Mortgage Express v Sawali: SCCO 22 Nov 2010

Citations:

[2010] EWHC 90181 (Costs)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Mai Judgment – Mortgage Express v Sawali ChD 22-Nov-2010
The claimant sought delivery up of files of the defendants’ predecessor solicitors practice relating to its matters and now in their possession. The defendant said it would be wrong to hand over entire files where the firm had also acted for lay . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 27 August 2022; Ref: scu.426455

Gray v Richards Butler (A Firm): ChD 24 Jun 1996

Solicitors were not entitled to payment of their costs in the administration of the estate after the will had been challenged.

Judges:

Lloyd J

Citations:

Gazette 02-Aug-1996, Times 23-Jul-1996

Jurisdiction:

England and Wales

Cited by:

Cited – Humblestone v Martin Tolhurst Partnership (A Firm) ChD 5-Feb-2004
The solicitors sent a will to the client for execution, but failed to notice on its return that it had not been properly executed, the signature not being that of the client.
Held: The solicitors were under a duty to ensure that the will would . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Legal Professions, Costs

Updated: 24 August 2022; Ref: scu.80995

Wilson v Ashford Borough Council: Admn 9 Mar 2010

The defendant appealed against an order for costs made against her after service and enforcement of an abatement notice with respect to an audible intruder alarm at her premises. She had first lodged an appeal to the Crown Court, but argued that having abandoned it more than three days before the hearing it had been wrong to make the costs order.
Held: The appeal failed. The Crown Court rule providing agaoinst the making of a costs order where the appeal was abandoned was subject expressly to the power givenn to the Magistrates under section 109. ‘The Magistrates were bound to consider the application for costs under section 109 on its merits and in my judgment were right to reject the submission that legitimate expectation or abuse of process should have caused them to reject the application in limine.’

Judges:

Leveson LJ, Cranston J

Citations:

[2010] EWHC 639 (Admin)

Links:

Bailii

Statutes:

Environmental Protection Act 1990, Magistrates’ Courts Act 1980 109, Crown Court Rules 11 12

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Crown Court at Knightsbridge ex parte Commission of Custom and Excise QBD 1986
The defendant had appealed against his conviction to the Crown Court, but then given notice under rule 11 of his abandonment of the appeal. A few months later a Crown Court judge allowed an application for its re-instatement.
Held: The appeal . .
Lists of cited by and citing cases may be incomplete.

Costs, Local Government

Updated: 17 August 2022; Ref: scu.408635

Collins v Godefroy: KBD 1831

An attorney, who has attended on subpoena as a witness in a civil suit, cannot maintain an action against the party who subpoenaed him, for compensation for loss of time.

Judges:

Lord Tenterden CJ

Citations:

[1831] EWHC KB J18, [1831] 109 ER 1040, (1831) 1 B and Ad 950

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, Costs

Updated: 16 August 2022; Ref: scu.264572

Filmlab Systems International Ltd and Another v Pennington and Others: ChD 9 Jul 1993

In civil litigation an application for a wasted costs order should only save in exceptional circumstances, be made after the trial. The court mentioned several dangers if applications were made at an interlocutory stage, among them the risk that a party’s advisers might feel they could no longer act, so that the party could in effect be deprived of the advisers of his choice.

Judges:

Aldous J

Citations:

Times 09-Jul-1993, [1994] 4 All ER Ch D 673

Jurisdiction:

England and Wales

Cited by:

Cited – White v White (Deceased) CA 20-Jan-2003
An appeal was made against an order refusing an award of costs against solicitors for the opposing party.
Held: The judge’s order saying that an aplication should have been forewarned earlier was made within his discretion, and was . .
Cited – Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd CA 26-Jan-1994
Guidance for Wasted Costs Orders
Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Costs, Legal Professions

Updated: 16 August 2022; Ref: scu.80522

Zabihi v Janzemini: ChD 7 Dec 2009

Application by the claimant seeking, in substance, to contest the validity of an assignment of costs rights from the second defendant to the first defendant under an instrument of assignment; and, secondly, seeking an order that a sum of pounds 50,000 paid by the claimant into court to fortify a cross undertaking in damages given in respect of a freezing order obtained at an early stage in the litigation should be released from court back to the claimant, rather than remaining in court pending detailed assessment of costs.

Judges:

Sales J

Citations:

[2009] EWHC 3471 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 14 August 2022; Ref: scu.401902

Halborg, Regina (on The Application of) v The Law Society: Admn 19 Jan 2010

The solicitor’s client had requested the solicitor to obtain a remuneration certificate from the Law Society.

Judges:

Keith J

Citations:

[2010] EWHC 38 (Admin)

Links:

Bailii

Statutes:

Solicitors Act 1974 56(2), Solicitors’ (Non-Contentious Business) Remuneration Order 1994 (SI 1994/2616)

Jurisdiction:

England and Wales

Legal Professions, Costs

Updated: 13 August 2022; Ref: scu.392988

National Westminster Bank v Kotonou: ChD 11 Dec 2009

Citations:

[2009] EWHC 3309 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – National Westminster Bank Plc v Kotonou and Another ChD 19-Jun-2006
. .
See Also – National Westminster Bank Plc v Kotonou CA 26-Feb-2007
. .

Cited by:

See Also – Kotonou v National Westminster Bank Plc ChD 5-Jul-2010
. .
See Also – Kotonou v National Westminster Bank Plc CA 30-Oct-2015
Appeal against summary dismissal of claim against the bank based on Henderson v Henderson.
Gloster LJ, commented on Buxton LJ’s observations in the Taylor Walton case: ‘Thus, in my view, what is required in the present case is ‘an intense focus . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 11 August 2022; Ref: scu.384065

Sulaman v Axa Insurance Plc and Another: CA 11 Dec 2009

The insurance companies had believed the appellant and others had conspired to make fraudulent insurance claims in respect of manufactured road traffic accidents. The second defendant appealed against an order depriving her of all but a third of her costs.
Held: Her appeal succeeded (Sullivan J dissenting). The claimant’s own involvement in the fraud had been found to be minimal. It was generally very unhelpful to compare one case with another based on the factual details.

Judges:

Sedley, Longmore, Aikens LJJ

Citations:

[2009] EWCA Civ 1331, Times 25-Jan-2010, [2010] 3 Costs LR 391, [2010] CP Rep 19

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 11 August 2022; Ref: scu.383835

Euroption Strategic Fund Ltd v Skandinaviska Enskilda Banken Ab: ComC 30 Mar 2012

Judges:

Gloster J

Citations:

[2012] EWHC 749 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Elvanite Full Circle Ltd v AMEC Earth and Environmental (UK) Ltd TCC 14-Jun-2013
Following the proncipal judgment there were disputes as to the basis of assessment of costs and the interaction between the existing costs management order (which approved the defendant’s budget costs of andpound;264,708) and the total costs now . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 06 August 2022; Ref: scu.452392

Gwembe Valley Development Co Ltd (In Receivership) v Koshy and Others: ChD 8 Feb 2000

A company could give several people the power to appoint a receiver in respect of different elements of its assets. If this was done there was no fundamental reason why such appointments should not be put in effect. The appointment of one receiver did not, in the absence of explicit limitations to the contrary exhaust the power to appoint receivers.

Citations:

Times 08-Feb-2000, Gazette 16-Mar-2000

Jurisdiction:

England and Wales

Citing:

See Also – Gwembe Valley Development Co Ltd (In Receivership) v Koshy and Others (No 2) ChD 30-Mar-2000
The new Civil Procedure Rules had not substantially affected the rules on costs following the event of a trial. The discretion in a judge as to the order for costs had been correctly stated in Elgindata, and approved in Phonographic Performance Ltd . .

Cited by:

See Also – Gwembe Valley Development Co Ltd (In Receivership) v Koshy and Others (No 2) ChD 30-Mar-2000
The new Civil Procedure Rules had not substantially affected the rules on costs following the event of a trial. The discretion in a judge as to the order for costs had been correctly stated in Elgindata, and approved in Phonographic Performance Ltd . .
Cited – Green and others v Gaul and Another; In re Loftus deceased ChD 18-Mar-2005
The claimants began an action in January 2003 to seek to set aside the appointment of an administrator from December 1991, and to have set aside transfers of property made within the estate.
Held: The limitation period against a personal . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Costs

Updated: 05 August 2022; Ref: scu.81095

Nolan v Wright: CA 15 Oct 2009

Action for the recovery of a very large sum of money from the defendant borrower pursuant to an unregulated credit agreement and a legal charge. The defendant seeks to set aside the loan documentation as a sham or procured by undue influence or misrepresentation.

Judges:

Lloyd LJ

Citations:

[2009] EWCA Civ 1131

Links:

Bailii

Jurisdiction:

England and Wales

Contract, Costs, Limitation

Updated: 04 August 2022; Ref: scu.377533

Perrins v Holland and Others: ChD 21 Oct 2009

Judges:

Lewison J

Citations:

[2009] EWHC 2558 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Main judgment – Perrins v Holland and Another ChD 31-Jul-2009
The son of the deceased challenged the testamentary capacity of the testator and further claimed under the 1975 Act. The deceased was disabled and had substantial difficulty communicating.
Held: The will was validly made. Logically it is . .

Cited by:

Costs at First Instance – Perrins v Holland and Others; In re Perrins, deceased CA 21-Jul-2010
The testator had given instructions for his will and received a draft will. The judge had found that he had capacity to make the will when he gave instructions but not when it was executed. The will having been made in accordance with his . .
Appeal from – Perrins v Holland and Others; In re Perrins, deceased CA 21-Jul-2010
The testator had given instructions for his will and received a draft will. The judge had found that he had capacity to make the will when he gave instructions but not when it was executed. The will having been made in accordance with his . .
See Also – Perrins v Holland and Others CA 8-Dec-2010
The court heard an appeal as to costs. . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Costs

Updated: 04 August 2022; Ref: scu.377217

Cambridge City Council, Regina (On the Application of) v Alex Nestling Ltd: Admn 17 May 2006

Citations:

[2006] EWHC 1374 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another CA 4-Feb-2010
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Costs, Licensing

Updated: 04 August 2022; Ref: scu.376250

Lam v Revenue and Customs: FTTTx 14 Jan 2014

FTTTx Costs – HMRC withdrawing from appeal after receipt of new information – application by Appellant for award of costs of pounds 10,800 plus VAT – whether HMRC had acted unreasonably in defending or conducting the appeal – only for very short period between provision of new information and HMRC’s delayed decision to withdraw from the appeal – award of costs made in respect of that period, summarily assessed at pounds 150 – warning that in appropriate circumstances, withholding by an appellant of crucial information or evidence which later persuades HMRC to withdraw from the appeal might entitle HMRC to costs for the relevant period during which they are unnecessarily being put to the expense and effort of conducting the appeal

Citations:

[2014] UKFTT 79 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Taxes – Other, Costs

Updated: 03 August 2022; Ref: scu.521711

E, Regina (On the Application of) v Governing Body Of JFS and Another: CA 10 Jul 2009

Judges:

Lord Justice Sedley, Lady Justice Smith and Lord Justice Rimer

Citations:

[2009] EWCA Civ 681

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At First Instance – E v The Governing Body of JFS and Another Admn 3-Jul-2008
The court considered the impact of secular discrimination policy on admissions policies of religious schools.
Held: A school admissions policy which gave priority to children of their designated faith did not discriminate unlawfully either . .
Leave to Appeal – E v The Governing Body of JFS and Another Admn 16-Jul-2008
Application for leave to appeal. . .
Main CA Judgement – E, Regina (On the Application of) v The Governing Body of JFS and Another CA 25-Jun-2009
E challenged the admissions policy of a school which admitted by preference children acknowledged to be Jewish by the Office of their Rabbi. His mother being Jewish by conversion in a progressive synagogue, E was excluded. The claimant suggested . .

Cited by:

Appeal from – E, Regina (On the Application of) v Governing Body of JFS and Another SC 14-Oct-2009
The claimant had successfully challenged the policy of the school as racially discriminatory. He now sought an ancillary order that the respondents should not be allowed to request their costs from the defendant’s appeal whatever the outcome, the . .
See also – E, Regina (on The Application of) v Governing Body of JFS and Another SC 16-Dec-2009
E complained that his exclusion from admission to the school had been racially discriminatory. The school applied an Orthodox Jewish religious test which did not count him as Jewish because of his family history.
Held: The school’s appeal . .
Lists of cited by and citing cases may be incomplete.

Education, Discrimination, Costs

Updated: 30 July 2022; Ref: scu.347469

Lawrie and Symington Ltd and Others v The Procurator Fiscal, Lanark and Others: HCJ 15 May 2009

Judges:

Lord Carloway

Citations:

[2009] ScotHC HCJAC – 50, 2009 GWD 18-287, [2009] HCJAC 50, 2009 SLT 723, 2009 SCCR 640, 2009 SCL 958

Links:

Bailii

Jurisdiction:

Scotland

Citing:

Cited – HM Advocate v Aldred HCJ 1922
Lord Salvesen said: ‘It is however, I think, a fundamental and well established principle in criminal law that no expenses are awarded by the High Court – sitting as such and not as a court of review – either in favour of, or against, the accused. . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Costs

Updated: 26 July 2022; Ref: scu.346255

Gore v Jones and Another: ChD 21 Feb 2001

The imposition of costs against a defendant on acceding to an application to set aside a judgment was not automatic, but an exercise of the judge’s discretion. An appeal might still only be allowed if the judge’s order was wrong in law or unjust through some serious procedural or other irregularity.

Citations:

Times 21-Feb-2001

Jurisdiction:

England and Wales

Costs

Updated: 25 July 2022; Ref: scu.80934

Ali and Another v Channel 5 Broadcast Ltd: ChD 19 Apr 2018

Decision as to costs after findings of misuse of private information

Judges:

Arnold J

Citations:

[2018] EWHC 840 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Ali and Another v Channel 5 Broadcast Ltd ChD 22-Feb-2018
The claimants said that a filming of their eviction from property was an invasion of their privacy.
Held: The Claimants did have a reasonable expectation of privacy in respect of the information included in the Programme about which they . .

Cited by:

See Also – Ali and Another v Channel 5 Broadcasting Ltd CA 16-Apr-2019
The claimant’s eviction had been filmed and broadcast by the defendants. They succeeded in an award of pounds 10,000 damages for breach of their rights of privacy. The parties cross appealed against the sum awarded and the finding respectively.
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 24 July 2022; Ref: scu.609076

In Re A Debtor (2672 of 2000): ChD 2 Nov 2000

More than six years after a costs order, the creditor began bankruptcy proceedings for unpaid costs. The debtor claimed the debt was time barred. The court found that the time started when the judgment became enforceable. As regards an order for costs, that happened only when the amount was fixed by taxation. The six year period had not expired with respect to that date.

Citations:

Gazette 02-Nov-2000, Times 05-Dec-2000

Statutes:

Limitation Act 1980 24

Jurisdiction:

England and Wales

Insolvency, Costs, Limitation

Updated: 24 July 2022; Ref: scu.81648

Fitzpatrick Contractors Ltd v Tyco Fire and Integrated Solutions (UK) Ltd: TCC 20 Feb 2009

Citations:

[2009] EWHC 274 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Fitzpatrick Contractors Ltd v Tyco Fire and Integrated Solutions (UK) Ltd (Prelinary Issues) TCC 13-Jun-2008
. .
See Also – Fitzpatrick Contractors Ltd v Tyco Fire and Integrated Solutions (UK) Ltd TCC 13-Jun-2008
. .
See Also – Fitzpatrick Contractors Ltd v Tyco Fire and Integrated Solutions (UK) Ltd TCC 25-Jul-2008
Pre-trial hearing on matter preparatory to substantial trial of construction dispute. . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 23 July 2022; Ref: scu.301658

Quintavalle and Another, Regina (on the Application of) v Human Fertilisation and Embryology Authority: Admn 9 Dec 2008

The claimants wished to challenge licensing decisions made by the respondent, and for a protective costs order.

Judges:

Dobbs J

Citations:

[2008] EWHC 3395 (Admin)

Links:

Bailii

Statutes:

Human Fertilisation and Embryology Act 1990 16

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Dairy Produce Quota Tribunal for England and Wales, Ex parte Caswell HL 17-May-1990
The House sought to reconcile section 31 of the 1981 Act, with RSC Order 53 r4 as to the time within which judicial review proceedings must be brought.
Held: Whenever there was a failure to act promptly or within three months there was ‘undue . .
Cited – Regina v Secretary of State for Health ex parte Furneaux CA 1994
The court is entitled to refuse a request for judicial review on the sole ground of delay without any requirement of a causal link between the delay and any prejudice. Mere tardiness or incompetence of legal or other advisors is normally not a good . .
Cited – Regina (Assisted Reproduction and Gynaecology Centre) v The Human Fertilisation and Embryology Authority CA 31-Jan-2002
The applicant was undergoing fertility treatment. She wanted to have more than three eggs implanted, but permission for this was refused by the Authority. She sought to challenge that by way of judicial review.
Held: Judicial review was not . .
Lists of cited by and citing cases may be incomplete.

Judicial Review, Costs

Updated: 23 July 2022; Ref: scu.293967

Birmingham City Council v Forde: QBD 13 Jan 2009

Christopher Clarke J upheld the validity of a retrospective CFA entered into between solicitor and client on the eve of a settlement, in the knowledge that the existing arrangement might be vulnerable to challenge. The paying party alleged undue influence.
Held: The challenge was rejected. The client had been ‘prepared to assist her solicitors recover their fees despite the challenge to the validity of CFA 1’, and that it would be ‘entirely understandable for her not to seek to rely on the unattractive contention that [the solicitors] should get nothing at all for what they had done . . ‘

Judges:

Christopher Clarke J

Citations:

[2009] EWHC 12 (QB), [2009] 1 WLR 2732, [2010] 1 All ER 802, [2009] 2 Costs LR 206, [2009] NPC 7

Links:

Bailii

Citing:

Appeal from – Forde v Birmingham City Council SCCO 30-Apr-2008
. .

Cited by:

Cited – Radford and Another v Frade and Others QBD 8-Jul-2016
The court was asked as to the terms on which solicitors and Counsel were retained to act for the defendants. The appeals did not raise any issues concerning costs practice, and were by way of review of the Costs Judge’s rulings, and not by way of . .
Lists of cited by and citing cases may be incomplete.

Costs, Undue Influence

Updated: 22 July 2022; Ref: scu.279942

Random House UK Ltd v Allason and others: ChD 11 Dec 2008

The now defendants had lost their action for copyright infringement, and the now claimant sought to enforce the costs order made in their favour. The defendant denied ownership of any assets, but the claimant said that various properties were held in trust for him.

Judges:

David Richards J

Citations:

[2008] EWHC 2854 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Costs, Trusts, Insolvency

Updated: 21 July 2022; Ref: scu.278968

JP Morgan Chase Bank and others v Springwell Navigation Corp: ComC 21 Nov 2008

Citations:

[2008] EWHC 2848 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation ComC 14-Mar-2005
The defendants had invested money through the claimants, but had suffered severe losses. The claimants sought a declaration that they had no liability for such losses. The defendants counterclaimed that the claimants were liable in negligence, . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation CA 20-Dec-2005
The defendants appealed against an order striking out four paragraphs of its defence and counterclaim. . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation CA 2-Mar-2006
The parties disputed the attempt to strike out part of the defendant’s claim relating to shipping losses. . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation ComC 3-Nov-2006
. .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation Comc 27-May-2008
The company alleged negligence by its financial advisers.
Held: Gloster J said that the absence of a written advisory agreement is a strong pointer against the existence of a free-standing duty of care to give investment advice.
Gloster . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation and others ComC 25-Jul-2008
. .

Cited by:

See Also – JP Morgan Chase Bank and others v Springwell Navigation Corp ComC 20-Feb-2009
The court heard an application for leave to appeal against orders. . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 21 July 2022; Ref: scu.278854

Nicholas Drukker and Co v Pridie Brewster and Co: QBD 12 Dec 2005

The Master did not have jurisdiction under section 70 of the Solicitors Act to hear wholesale allegations of professional negligence and wide ranging criticisms of a solicitor’s conduct which affected not just the individual items in the bill of costs but went to the heart of the retainer.

Judges:

Openshaw J

Citations:

[2005] EWHC 2788 (QB)

Links:

Bailii

Statutes:

Solicitors Act 1974 70

Jurisdiction:

England and Wales

Cited by:

Cited – Sibley and Co v Reachbyte Ltd and Another ChD 4-Nov-2008
Solicitors appealed against a costs order made refusing them payment of all of Leading and Junior counsel’s fees.
Held: The leading counsel involved had not provided anything like a detailed account of the time he had spent on what was a . .
Lists of cited by and citing cases may be incomplete.

Costs, Legal Professions

Updated: 21 July 2022; Ref: scu.278575

Warner v Verfides: ChD 29 Oct 2008

The deceased bankrupt’s Autralian trustees sought disclosure of documents recording his dealings in the UK. Third party Swiss lawyers now sought to intervene to say that such disclosure would breach the confidence of many of their clients. Redactions were agreed, and the court now looked to the costs.
Held: The interveners’ human rights had been engaged by the request. The court considered the technical meaning of correspondence within article 8, saying ‘To construe the term as applying only to letters still in the possession of the writer or in the process of transmission to the intended recipient appears unduly restrictive. In ordinary parlance, the term would be expected to apply to exchanges of letters in whosever hands they happened to be. ‘ and the interveners’ Article 8 rights are engaged by an application for production of documents in the hands of Verfides that were generated in the course of, or otherwise relate to, the interveners’ business activities. After initial doubts, the interveners had conducted their objections properly. Trustees and interveners were to bear their own costs.

Judges:

John Martin, QC

Citations:

[2008] EWHC 2609 (Ch)

Links:

Bailii, Times

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Wills and Probate, Insolvency, Costs, Human Rights

Updated: 19 July 2022; Ref: scu.277551

Sibley and Co v Reachbyte Ltd and Another: ChD 4 Nov 2008

Solicitors appealed against a costs order made refusing them payment of all of Leading and Junior counsel’s fees.
Held: The leading counsel involved had not provided anything like a detailed account of the time he had spent on what was a complicated case. Counsel had approached the case avidly, and the solicitors had failed to restrain him. The respondents had been right in challenging the fees. The appeal was dismissed.

Judges:

Peter Smith J

Citations:

[2008] EWHC 2665 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – EPI Environmental Technologies Inc and Another v Symphony Plastic Technologies Plc and Another ChD 21-Dec-2004
The claimant had developed an additive which would assist in making plastic bags bio-degradable. They alleged that, in breach of confidentiality agreements, the defendants had copied the product. The defendants said the confidentiality agreement was . .
Mentioned – Environmental Technologies Inc (EPI) and Another v Symphony Plastic Technologies Plc and Another CA 26-Jan-2006
Alleged breach of trade secrets. . .
Cited – Eagil Trust Co Ltd v Pigott-Brown CA 1985
There is no duty on a judge, in giving his reasons, to deal with every argument presented by counsel in support of his case. When dealing with an application in chambers to strike out for want of prosecution a judge should give his reasons in . .
Cited – Attorney General of Zambia v Meer Care and Desai (A Firm) and others CA 31-Jul-2008
The defendants appealed against two orders made in proceedings by the new government of Zambia alleging various tortious conspiracies by defendants with members of the former government.
Held: Appeals by the remaining two partners in the firm . .
Cited – Piglowska v Piglowski HL 24-Jun-1999
No Presumption of House for both Parties
When looking to the needs of parties in a divorce, there is no presumption that both parties are to be left able to purchase alternative homes. The order of sub-clauses in the Act implies nothing as to their relative importance. Courts should be . .
Cited – Biogen Plc v Medeva Plc HL 31-Oct-1996
The claim patented sought to protect a genetic molecule rather than a whole mouse namely that the molecule would, if inserted into a suitable host cell, cause the cell to make antigens of the Hepatitis B virus. A recombinant method of making the . .
Cited – Smith New Court Securities Ltd v Scrimgeour Vickers HL 21-Nov-1996
The defendant had made misrepresentations, inducing the claimant to enter into share transactions which he would not otherwise have entered into, and which lost money.
Held: A deceitful wrongdoer is properly liable for all actual damage . .
Cited – Flannery and Another v Halifax Estate Agencies Ltd, Trading As Colleys Professional Services CA 18-Feb-1999
A judge at first instance taking a view on an expert’s report should give reasons in his judgment for that view. On appeal, where no reasons had been given, he should be asked to provide reasons by affidavit for the appeal. An inadequately reasoned . .
Cited – Griffiths v Evans CA 1953
The parties disputed the terms on which the solicitor had been engaged, and in particular as to the scope of the duty undertaken by and entrusted to the solicitor as regards advising the client.
Held: Where there is a dispute between a . .
Cited – Gray and Another v Buss Merton (a firm) 1999
Rougier J said: ‘It must, surely, be up to the solicitor to take the appropriate steps to clarify precisely the extent of his retainer, and this, sadly, Mr Lightfoot failed to do when, in my judgment, the circumstances demanded that he should. This . .
Cited – Nicholas Drukker and Co v Pridie Brewster and Co QBD 12-Dec-2005
The Master did not have jurisdiction under section 70 of the Solicitors Act to hear wholesale allegations of professional negligence and wide ranging criticisms of a solicitor’s conduct which affected not just the individual items in the bill of . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 19 July 2022; Ref: scu.277397

Ramsay and others v Bowercross Construction Ltd and Another: EAT 14 Aug 2008

EAT PRACTICE AND PROCEDURE: Costs
Costs – whether a party can recover by way of costs counsel’s fees (yes) and those of a non legally qualified adviser, as defined in s.71 CandLSA 1990 (no). Employment Tribunal Rules 38, 40-42 considered.
Whether VAT recoverable by way of costs; point not taken below (Kumchyk).
Whether claim misconceived and if so when that ought to have been appreciated by paying party (McPherson v BNP Paribas).

Citations:

[2008] UKEAT 0534 – 07 – 1408

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Kumchyk v Derby County Council EAT 1978
The appellant sought to advance an argument that a certain term was implied into the contract of employment which, for its consideration, would have required consideration of a factual framework which had not been explored in evidence.
Held: . .
Cited – Mcpherson v BNP Paribas (London Branch) SCCO 13-Jun-2004
. .
Lists of cited by and citing cases may be incomplete.

Employment, Costs

Updated: 19 July 2022; Ref: scu.272562

In Re Burfoot and Another (Bankrupts): ChD 17 Aug 2000

A general followed by a specific assignment of book debts anticipating a bankruptcy was effective against the trustee in bankruptcy. The specific assignments were not for an undervalue, and were intended to give effect to and perfect the general assignment. The transactions would have effective in the reverse order, and should not be avoided. The assignee having failed to say how much was at stake despite repeated requests could not rely upon an assertion that he was under no obligation to disclose the figure to recover his costs despite winning the argument.

Citations:

Times 17-Aug-2000

Jurisdiction:

England and Wales

Insolvency, Costs

Updated: 19 July 2022; Ref: scu.81763

Conister Trust Ltd v John Hardman and Co: CA 21 Jul 2008

The court was asked whether an agreement by the defendant solicitors under a personal injury litigation funding scheme, to discharge a client’s ‘remaining liability’ under a loan agreement applies on its true construction where the loan agreement is unenforceable by virtue of the Consumer Credit Act 1974.
Held: In the context of the panel solicitor’s agreement in question, ‘remaining liability’ imported something which was enforceable. The creditor had no right of recovery against the solicitors.

Judges:

Lawrence Collins LJ

Citations:

[2008] EWCA Civ 841, [2009] CCLR 4

Links:

Bailii

Statutes:

Consumer Credit Act 1974

Jurisdiction:

England and Wales

Cited by:

Cited – McGuffick v The Royal Bank of Scotland Plc ComC 6-Oct-2009
Requirements for Enforcing Consumer Loan Agreement
The claimant challenged the validity of a loan agreement with his bank as a regulated consumer credit agreement. After default, the lender failed to satisfy a request for a copy of the agreement under section 77. The bank said that though it could . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs, Consumer

Updated: 17 July 2022; Ref: scu.270892

Forde v Birmingham City Council: SCCO 30 Apr 2008

Citations:

[2008] EWHC 90105 (Costs)

Links:

Bailii

Cited by:

Appeal from – Birmingham City Council v Forde QBD 13-Jan-2009
Christopher Clarke J upheld the validity of a retrospective CFA entered into between solicitor and client on the eve of a settlement, in the knowledge that the existing arrangement might be vulnerable to challenge. The paying party alleged undue . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 17 July 2022; Ref: scu.270791

The Director of the Assets Recovery Agency v Gale and others: Admn 16 May 2008

Burden of costs in asset revovery case – third party without capacity.

Judges:

Stanley Burnton LJ

Citations:

[2008] EWHC 1095 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Serious Organised Crime Agency v Gale and Others QBD 12-May-2009
Mr Gale had been prosecuted twice in foreign courts on allegations of drug trafficking. Each prosecution had failed. The Agency nevertheless sought an order under the 2002 Act alleging that his property was the fruit of criminal activity.
See Also – Gale and Others v Serious Organised Crime Agency CA 7-Jul-2010
The appellants challenged an order made against them under the 2002 Act where Mr Gale had been prosecuted abroad, but not convicted on drug trafficking allegations. The Agency said that no satisfactory explanation had been given of the considerable . .
See Also – Gale and Another v Serious Organised Crime Agency SC 26-Oct-2011
Civil recovery orders had been made against the applicant. He had been accused and acquitted of drug trafficking allegations in Europe, but the judge had been persuaded that he had no proper explanation for the accumulation of his wealth, and had . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Costs

Updated: 14 July 2022; Ref: scu.267718

Cumbria Waste Management Ltd and Another v Baines Wilson (A Firm): QBD 16 Apr 2008

The court was asked to consider whether documents generated in a mediation could be disclosed by one of those parties in later proceedings against solicitors for negligence in drafting and negotiation and agreement with the other party, which gave rise to the disputes dealt with in the mediation.
Held: Judge Kirkham considered both questions of privilege and confidentiality.

Judges:

Kirkham HHJ

Citations:

[2008] EWHC 786 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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 by:

Cited – Farm Assist Ltd v Secretary of State for the Environment, Food and Rural Affairs (No 2) TCC 19-May-2009
The mediator who had acted in attempting to resolve the dispute between the parties sought to have set aside a witness summons issued by the claimant who sought to have the mediated agreement set aside for economic duress.
Held: In this case . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Costs

Updated: 14 July 2022; Ref: scu.266910

Ultraframe UK Ltd v Clayton and others: ChD 14 Feb 2003

Laddie J said: ‘I have to resolve a dispute between the parties on the issue of costs following on from the determination of the preliminary issues ordered to be heard by His Honour Judge Behrens. It is difficult to summarise the complex multifaceted dispute which exists between the parties and in relation to which the determination of the preliminary issues arose. The issues I had to concern myself with related to the ownership of the design rights in the parts from which conservatories are made, whether a case of infringement by the defendants have been out and whether design rights subsisted. However this is just a part of what is really a very big and convoluted dispute. ‘

Judges:

Laddie J

Citations:

[2003] EWHC 242 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Ultraframe UK Limited v Clayton, Fielding and Others ChD 3-Oct-2002
The claimants asserted infringement of their registered design rights in parts used in their double glazing and conservatory units. ‘Therefore it is possible for design right to subsist in the design of the part of the article which is not excluded . .
Lists of cited by and citing cases may be incomplete.

Costs, Intellectual Property

Updated: 13 July 2022; Ref: scu.227063

Nigel Witham Ltd v Smith and Another (No. 2): TCC 4 Jan 2008

Judges:

Peter Coulson QC J

Citations:

[2008] EWHC 12 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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.
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 12 July 2022; Ref: scu.263264

Mastercigars Direct Ltd v Withers Llp: ChD 23 Nov 2007

The court considered an appeal against a costs award where the solicitors had given an estimate, but had then exceeded the estimate.
Held: Morgan J said: ‘The closing submissions were recorded by the Costs Judge at paragraph 59 and 60 of his judgment, which included the reference to Cook on Costs, 2007 Edition page 15. The passage in Cook on Costs stated that unless the client was notified of the further sums payable, preferably before they were incurred, then the solicitor would be unable to recover costs in excess of the estimated amount. In my judgment, that passage does not correctly state the law. It seems to me that on a fair reading of the judgment, the Costs Judge was relying on this passage in Cook on Costs. Insofar as the Costs Judge relied upon that passage in Cook on Costs he was led into error in making his finding as to the contractual position. The contractual position is that the solicitors are entitled to a reasonable fee and in the present case in respect of certain bills that fee is to be the subject of a detailed assessment. At the stage of the detailed assessment, the estimate has the relevance which I have described above as a yardstick and in respect of any case raised by the client as to reliance on the estimate. Although the Costs Judge referred . . to ‘all the evidence, oral and documentary’, it seems to me that I must inevitably find that his reasoning is based on his analysis of the contractual position, which for the reasons I have given was incorrect. It follows that I must allow the appeal.’

Judges:

Morgan J

Citations:

[2007] EWHC 2733 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Reynolds v Stone Rowe Brewer (A Firm) QBD 18-Mar-2008
The solicitors appealed against the assessment of their costs. The judge had found that they had estimated their costs and applied a 15% margin of error.
Held: the judge should have given reasons for his judgment to allow the parties to assess . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 12 July 2022; Ref: scu.261501

3 Individual Present Professional Trustees of 2 Trusts v an Infant Prospective Beneficiary of One Trust and others: ChD 25 Jul 2007

The parties challenged under the 198 Act the right of trustees to seek a Beddoe order protecting themselves against an award of costs.

Citations:

[2007] EWHC 1922 (Ch)

Links:

Bailii

Statutes:

Human Rights Act 1998 Part 1

Jurisdiction:

England and Wales

Citing:

Cited – In Re Beddoe, Downes v Cottam CA 1893
A trustee had unsuccessfully defended an action against the trust in detinue for the return of deeds. He now sought protection against a costs order. Costs having been awarded against a trustee in proceeding A, the trustee sought to be indemnified . .
Cited – In re Moritz CA 1960
Trustees had denied the defendants a sight of the exhibits to affidavits. Their’ counsel argued for a settled practice that where an application is made by trustees for directions of the Beddoe kind, then the proposed defendant beneficiaries should . .
Cited – McDonald and Others v Horn and Others CA 8-Aug-1994
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 . .
Cited – Re Evans 1986
. .
Cited – Marley and 11 Others v Mutual Security Merchant Bank and Trust Co Ltd Co PC 15-Oct-1990
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 . .
Cited – McDonald and Others v Horn and Others ChD 12-Oct-1993
A pre-emptive costs order is possible where Plaintiffs are impecunious but the case is very strong. . .
Cited – In re Trusts of X Charity ChD 2003
If a hearing is heard in private, then it is open to the court to rule that its judgment should be maintained in private. Sir Andrew Morritt said: ‘This, essentially administrative, jurisdiction is designed to provide guidance to the fiduciary as to . .
Lists of cited by and citing cases may be incomplete.

Trusts, Human Rights, Costs

Updated: 12 July 2022; Ref: scu.259656

Surzur Overseas Ltd v Nicholas Koros and Others: SCCO 20 Jul 2001

The Claimant company, a subsidiary of Societe Generale of France, lent substantial sums of money to a group of ship owning companies managed by Blue Flag Navigation Ltd. The principal of Blue Flag was Mr Koros the First Defendant, he also guaranteed the loans to the various shipping companies. By the end of 1996 the companies were in default of their obligations under the loan facilities and in December 1996 the claimant company demanded repayment of some US $54 million from the First Defendant as guarantor. In January 1997 Surzur obtained a mareva injunction over Mr Koros’ assets and issued proceedings against him. In April 1997 judgment was obtained against him in the sum of US $35 million. The Claimant’s case in these proceedings was that the various Defendants conspired between themselves and with Mr Koros to use unlawful means to cheat and defraud Surzur by concealing Mr Koros’ assets. It was asserted that the Defendants made fraudulent and misleading statements, forged documents, gave false and misleading instructions to solicitors, made dishonest and malicious applications to court and procured and deployed false evidence both in and out of court. The 2nd, 13th and 14th Defendants were all resident in Greece and made applications to set aside the service of the proceedings against them on various grounds. One of these proved successful before Longmore J, namely that the case against them was not reasonably arguable because, as a matter of law, they were immune from suit on the basis of witness immunity. Longmore J found in favour of the Defendants and the Claimant appealed to the Court of Appeal where that decision was reversed. The Defendants’ petition for leave to appeal to the House of Lords was dismissed.

Judges:

Mr Justice Forbes sitting with Assessors

Citations:

[2001] EW Costs 7, [2001] EWHC 9008 (Costs)

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 11 July 2022; Ref: scu.185947

Chantrey Vellacott v The Convergence Group Plc and others: ChD 31 Jul 2007

The claimants, a firm of accountants, sued their former clients for unpaid fees. The defendant company counterclaimed for professional negligence. The claimant had expended andpound;5.6m in costs. The claimants now sought a non-party costs order against former directors of the company, which had gone into administration. They said that the company’s counterclaim was built on lies told by the directors.
Held: ‘this is a clear case for indemnity costs. I found Mr Robinson to be an evasive and untruthful witness who has sought throughout these proceedings to support a case that was advanced on a false basis.’ The director personally controlled the company and made the decisions, and his behaviour took him outside the protection of limited liability.

Judges:

Rimer J

Citations:

[2007] EWHC 1774 (Ch)

Links:

Bailii

Statutes:

Supreme Court Act 1981 51, Civil Procedure Rules 48.2

Jurisdiction:

England and Wales

Citing:

Cited – Ghafoor and others v Cliff and others ChD 11-Apr-2006
The applicant had obtained revocation of a grant of administration ad colligenda bona in the estate, and having succeeded, now sought costs. The question was whether there had been proper reasons for the application for the grant. The deceased’s . .
Cited – Globe Equities Ltd v Globe Legal Services Ltd and others and Other Actions CA 5-Mar-1999
A court which was considering ordering a third party, who was not party to the action, to pay costs in an action, should first be satisfied that it is just to do so in all the circumstances. There is no need to establish any exceptional . .
Cited – Three Rivers District Council and others v The Governor and Company of the Bank of England ComC 12-Apr-2006
The claimants had pursued compensation over many years from the defendants alleging various kinds of misfeasance in regulating the bank BCCI. The action had collapsed.
Held: ‘this was extraordinary litigation which came to an abrupt albeit . .
Cited – Goodwood Recoveries Ltd v Breen CA 19-Apr-2005
A claim against the defendant for money owed to someone else had been bought by the claimant of which Slater, a solicitor, was a director and shareholder. The claim was pursued in the name of the claimant by Slater as its solicitor and principal . .
Cited – Symphony Group Plc v Hodgson CA 4-May-1993
A section 51 non-party costs application should not be used as a substitute for the pursuit of a related cause of action against the non-party in ordinary proceedings. Nine rules were set out for allowing a costs order against someone who is not a . .
Cited – Dymocks Franchise Systems (NSW) Pty Limited v Todd and Todd, Bilgola Enterprises Ltd and Lambton Quay Books Ltd PC 7-Oct-2002
PC (New Zealand) The claimants asserted that the respondents had wrongly terminated their franchise licence. The agreement was subject to the New South Wales law requiring good faith, but the court had not had . .
Cited – Eagleson v Liddell CA 2-Feb-2001
The court may make costs orders in respect of any recourse the parties may have to an alternative dispute resolution procedure. The costs order included the costs of a mediation. . .
Lists of cited by and citing cases may be incomplete.

Costs, Company

Updated: 11 July 2022; Ref: scu.258489

Generics (UK) Ltd and others v H Lundbeck A/S (Costs): PatC 27 Jun 2007

The parties disputed the patentability of an anti-depressant drug Citalopram (Prozac).
Held: the claims were invalid for insufficiency.

Judges:

Kitchin J

Citations:

[2007] EWHC 1606 (Pat), [2007] RPC 729

Links:

Bailii

Statutes:

Patents Act 1977 1 2

Citing:

Applied – Biogen Plc v Medeva Plc HL 31-Oct-1996
The claim patented sought to protect a genetic molecule rather than a whole mouse namely that the molecule would, if inserted into a suitable host cell, cause the cell to make antigens of the Hepatitis B virus. A recombinant method of making the . .

Cited by:

Appeal From – H Lundbeck A/S v Generics (UK) Ltd and others CA 10-Apr-2008
The court heard an appeal against a finding that a patent for a chemical compound was invalid for insufficiency.
Held: The appeal succeeded.
Enough information to ‘work the invention’ meant in order to make the product. . .
At First Instance – Generics (UK) Ltd and others v H Lundbeck A/S HL 25-Feb-2009
Patent properly granted
The House considered the patentability of a chemical product, citalopram made up of two enantiomers, as opposed to the process of its creation, questioning whether it could be new or was insufficient within the 1977 Act.
Held: The appeal . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Costs

Updated: 11 July 2022; Ref: scu.258181

Fosberry and Another v Revenue and Customs: ChD 22 May 2007

The claimant appealed against an order setting at nil his costs after the court found that his agreement with his solicitors as to payment infringed the relative regulations.

Judges:

Blackburne J

Citations:

[2007] EWHC 1512 (Ch)

Links:

Bailii

Statutes:

Conditional Fee Agreement Regulations of 2000

Jurisdiction:

England and Wales

Citing:

Appeal from – Fosberry and Another v Revenue and Customs VDT 28-Jul-2005
COSTS – Indemnity basis – Commissioners accepted that taxpayers’ appeal succeeded – Commissioners offered to pay taxpayers’ costs – Taxpayers applied for indemnity costs on grounds that Commissioners had changed their reasons for original decision . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 11 July 2022; Ref: scu.254482

Bullmore, Regina (on the Application of) v West Hertfordshire Hospitals NHS Trust: CA 8 Jun 2007

Renewed application for protective costs order.

Judges:

Hughes LJ

Citations:

[2007] EWCA Civ 609

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Bullmore and Another v West Hertfordshire Hospitals NHS Trust Admn 9-Jul-2007
Challenge to Trust’s decision to close local hospital. . .
Cited – Buglife – The Invertebrate Conservation Trust, Regina (on the Application of) v Thurrock Thames Gateway Development Corp CA 4-Nov-2008
The court considered an application for a protective costs order in judicial review proceedings in environmental law cases.
Held: The central decision was Corner House Research, but that was to be applied purposively and not rigidly. It was . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 11 July 2022; Ref: scu.253687

Madurasinghe v Penguin Electronics (A Firm): CA 13 Jan 1993

A taxation review is a rehearing by the circuit judge, exercising his own discretion. It is not the exercise of an appellate jurisdiction.

Citations:

Gazette 13-Jan-1993, [1993] 1 WLR 989

Statutes:

County Court Rules 1981 38(24)(6), Solicitors Act 1974 74

Jurisdiction:

England and Wales

Costs, Legal Professions, Litigation Practice

Updated: 10 July 2022; Ref: scu.83292

Sutton London Borough Council v Davis (Number 2): FD 8 Jul 1994

The local authority had refused to register a childminder, who successfully appealed to the magistrates, who awarded costs in her favour. The local authority appealed against the costs order. In doing so the authority urged the court to apply, by analogy, the principle that costs are not usually ordered in child cases.
Held: The appeal was dismissed. The local authority had erred in concluding that the respondent was not fit to mind children, but their stance in relation to Mrs Davis was neither reprehensible nor unreasonable.
In a large Magistrates Court family case the LAB was to be allowed to assess costs before a decision was to be made by the Justices. Justices may award costs in an adversarial children matter, and await Legal Aid Board’s assessment on the amount. It was not the normal practice to award costs in child care cases.
Wilson J said: ‘Where the debate surrounds the future of a child, the proceedings are partly inquisitorial and the aspiration is that in their outcome the child is the winner and indeed the only winner. The court does not wish the spectre of an order for costs to discourage those with a proper interest in the child from participating in the debate. Nor does it wish to reduce the chance of their co-operation around the future life of the child by casting one as the successful party entitled to his costs and another as the unsuccessful party obliged to pay them. The proposition applies in its fullest form to proceedings between parents and other relations; but it also applies to proceedings to which a local authority are a party. Thus, even when a local authority’s application for a care order is dismissed, it is unusual to order them to pay the costs of the other parties. But the proposition is not applied where, for example, the conduct of a party has been reprehensible or the party’s stance has been beyond the band of what is reasonable: Havering London Borough Council v S [1986] 1 FLR 489 and Gojkovic v Gojkovic [1992] Fam 40, 60C-D.’
and ‘In care proceedings the local authority and all other parties come into court in order to assist it in choosing the programme for the child’s future which will best serve his or her welfare. In the case of Mrs Davis the local authority made an incorrect decision as to her fitness. She had a right to be registered and they infringed it. Mrs Davis afforded them the opportunity to review their decision by lodging an objection pursuant to section 77(3) of the Children Act 1989. But they resolved that the decision should stand. In order to establish her right to be registered, Mrs Davis had to appeal to the magistrates’ court. The proceedings were adversarial and the local authority lost the argument. Such were the circumstances for application of the principle that costs should follow the event. Far from being satisfied that the justices were plainly wrong to decide that the local authority should pay the costs of Mrs Davis, I consider that they were right.’

Judges:

Wilson J

Citations:

Independent 08-Jul-1994, Gazette 31-Aug-1994, [1994] 1 WLR 1317

Jurisdiction:

England and Wales

Citing:

See Also – Sutton London Borough Council v Davis FD 17-Mar-1994
Local Authority need not be inflexible in assessing fitness of child minder – smacking. A child minder refusing to sign Local Authority’s no-smack undertaking can still be registered. . .

Cited by:

Cited – Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry CA 1-Mar-2005
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the . .
See Also – Sutton London Borough Council v Davis FD 17-Mar-1994
Local Authority need not be inflexible in assessing fitness of child minder – smacking. A child minder refusing to sign Local Authority’s no-smack undertaking can still be registered. . .
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 . .
Cited – In Re M (A Minor) (Local Authority’s Costs) FD 9-Jan-1995
The local authority applied for permission to refuse contact between two children and their parents. The magistrates refused the application and ordered the local authority to pay the father’s costs. The authority appealed.
Held: The appeal . .
Lists of cited by and citing cases may be incomplete.

Costs, Magistrates

Updated: 09 July 2022; Ref: scu.89634

Eiles v London Borough of Southwark: TCC 28 Jul 2006

Quantification of claim for damages for damage from tree roots. Costs order.

Judges:

Ramset J

Citations:

[2006] EWHC 2014 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Main judgment – Eiles v London Borough of Southwark TCC 22-Jun-2006
Claim for damages – subsidence caused by tree roots. . .
Lists of cited by and citing cases may be incomplete.

Nuisance, Damages, Costs

Updated: 08 July 2022; Ref: scu.245898

Balmoral Group Ltd. v Borealis (UK) Ltd and others: ComC 17 Oct 2006

Whether losing party should pay costs on standard or on indemnity basis.
Held: Something had to have occurred to take the case outside the norm.

Judges:

Gloster J

Citations:

[2006] EWHC 2531 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Main Judgment – Balmoral Group Ltd v Borealis [UK] Ltd and others ComC 25-Jul-2006
The claimants manufactured and sold storage tanks. They sought substantial damages after chemical materials purchased from the defendants to help bond the tanks failed. . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 07 July 2022; Ref: scu.245372