Costs In Issue: Issuing protective proceedings – a pre-emptive strike or friendly fire?

Shilpa Shah explains how withdrawing a premature case can still lead to a costs order ‘The case of Clydesdale Bank plc v Kinleigh Folkard & Hayward [2014] has firmly brought the risk of adverse cost consequences to mind and may have much wider ranging implications in personal injury cases in respect of claims which are …
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Civil Procedure Rules: Payment on account of costs – what is the right percentage?

Robert Bourne considers a siginificant but often overlooked reform, the arrival of CPR 44.2(8) ‘The costs ordered to be paid will be those that “reflect a reasonable assessment of what was likely to be awarded.”’ In recent years it has been recognised that if a party is bound to receive a certain part of the …
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Costs: Giving up gracefully

Dick Warner looks at recent case law on awards of costs following discontinuance of proceedings ‘The terms of r38.5 CPR were such that the discontinuance of the main action would not affect any proceedings relating to costs, but when considering an application under r38.6 CPR, the court would place weight on whether or not the …
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