Edward Rowntree gives an update on Morris v Davies A will shall be treated as properly executed if its execution conformed to the internal law in force in the territory where it was executed or in the territory where, at the time of its execution or of the testator’s death, he was domiciled. or had …
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Robert Connelly considers the long and winding road to Jackson For small firms, the decision to waive or reduce the capped success fee will be an important commercial decision as high volume practices will be better placed to make such concessions and still compete in the PI market place. As April 2013 looms ever nearer, …
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Paul Jones looks at the latest case concerning Part 36 offers The defendant’s case was that there was no reason to depart from the normal rule and, in particular, to apply the normal rule would not be unjust in all the circumstances. Of all the provision of the Civil Procedure Rules, CPR 36 has generated …
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Mark Surguy looks at the costs consequences of not quite winning The trial judge decided that that the notion of ‘success’ depended on who was paying money to whom at the end of the case. He did not think that the claimant had exaggerated his case and felt he had reasonably relied on expert evidence. …
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Wills & Trusts Law Reports | July/August 2012 #121Briggs J gave judgment in relation to costs occasioned by Mrs Barbara Lilleyman’s successful claim for reasonable financial provision from the estate of her late husband, reported as Lilleyman v Lilleyman [2012] WTLR 1007.
There had been extensive without prejudice negotiations and offers (both Part 36 offers and without prejudice offers) had been made by both sides. On 27 July 2011, the defendants had made two simultaneous offers: a Part 36 offer (the July Part 36 offer) and a without prejudice offer (the July without prejudice offer). The defendants made a further without ...
Alistair Maughan examines the costs awards in partly successful bidder challenges the court decided that the right approach was to make a proportionate costs order to reflect the extent to which Mears had not been selective in its claims.Despite the liberalisation of the remedies regime, in relation to public procurement over the past three years, …
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Paul Jones discusses fixed success fees ‘The key issue, so held the judge, was that there was no express definition of a disease with CPR 45.23. In the absence of a particular definition, the court could only interpret disease within the ordinary meaning of that word.’ Fixed success fees have resulted in far fewer cases …
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Vicki McLynn considers the importance of procedural compliance when seeking an order for costs ‘The preparation of a precautionary Part III MFPA 1984 application was forced on the wife by the husband’s stance in the litigation that, by reason of a valid talaq, the wife could not pursue an English divorce petition.’ In the case …
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Wills & Trusts Law Reports | June 2012 #120C left a will appointing her son and daughter as executors and benefiting her family. Initially, both the son and the daughter instructed a solicitor, D. There was a dispute as to £200,000 which had been transferred out of the estate (although it was not clear when) by the daughter. D suggested that the daughter obtain independent advice, which she did. D was then only instructed by the son. The son brought proceedings for an interim injunction preserving the £200,000, which were compromised but the ultimate issue of ownership not finally resolved. There was a breakdown in relations betw...
Paul Jones advises that retainers must have sufficient clarity ‘Where a bill was not paid, the terms gave the solicitor the right to suspend or terminate their services and there was a general clause giving the solicitor the right to terminate the retainer on reasonable grounds after giving reasonable notice.’ Every solicitor has horror stories …
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