OBeirne v Hudson [2010] EWCA Civ 52 – Law Journals

Costs: All roads lead to Rome

Although the route may be different, the amount of costs awarded may be similar under the Protocol or the court’s general discretion under CPR 44.3, as Paul Jones explains ‘There is no reason why a judge assessing costs could not assess a reasonable sum as a sum equivalent to fixed costs, but this is different …

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Fixed Costs Or Standard Basis Costs: Vive la difference

Paul Jones assesses the conflict that may arise due to the expansion of fixed costs ‘Standard basis costs and fixed costs are different beasts and an order for one cannot be interpreted by the court as an order for the other.’ Lord Justice Jackson, like Lord Woolf before him, is very keen on fixed costs. …

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Infant Settlements: Recovery of costs

Matthew Hoe examines the latest guidance for assessment ‘Defendants will be prepared to pay for some elements of children’s small claims costs but not all. There is a dividing line to be drawn between those costs that relate to the damages claim and those that relate to the approval.’ With almost 800,000 road traffic accident …

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Assessment: Stay on track with costs

Shilpa Shah examines the difficult relationship between allocation and costs recovery ‘It was contended that the court should assess costs at the level allowed by reference to the small claims track provisions.’ While one of the aims of allocation was to enable the principle of proportionality to be dovetailed into the costs rules appropriate for …

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Road Traffic Accidents: When is a small claim not a small claim?

Paul Jones considers the latest Predictable Costs case ‘Where a claimant has issued proceedings prematurely, possibly with a view to avoiding being limited to Small Claims Fixed Costs, they may assess their Standard Basis costs at a sum equivalent to the costs that would have been payable on the Small Claims Track. This way, the …

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Costs: A distinction without a difference

Paul Jones reviews a recent case that emphasises the discretion judges have when dealing with costs ‘Where a court considers that a party has acted unreasonably and, by virtue of that unreasonable conduct, has obtained a costs order on the standard basis rather than the more prescriptive fixed costs, the court can assess the costs …

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