Non-Party Costs Orders: A Pyrrhic victory avoided

Patrick West highlights a recent credit hire case where the key issue was whether a hire organisation has immunity from a non-party costs order ‘The fact that a credit hire company promoted litigation for its own financial benefit was a factor which the court could take into account when considering whether it was just for …
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Trust And Probate Claims: Counting the cost

Alexander Learmonth examines the effect of the Supreme Court’s decision on the costs of the claim for rectification of a will in Marley v Rawlings [2014] ‘When advising clients contemplating the risks of litigation, litigators should continue to adopt a cautious approach; clients must be ready to negotiate in good faith, rather than relying on …
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Damages: A slice of the cake

Nick Rowles-Davies assesses the impact of the draft Damages-Based Agreement Regulations There is some force in the argument that acting under a DBA pushes the solicitors closer to being a funder and ‘the real party’ to the proceedings. The Civil Justice Council’s (CJC) working party on damages-based agreements (DBAs) has prompted some debate in the …
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