Nick Rowles-Davies examines the views of the Institute for Legal Reform’s views on the English and Welsh third-party funding market ‘In recent months, the ILR has focused on the English funding world and attempted to derail the Code of Conduct put forward as the necessary framework for self-regulation of litigation funders.’ Now that the Liberal …
Continue reading "Costs: The cost of everything"
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Wills & Trusts Law Reports | May 2012 #119Mr Wharton (D) died in 2008 and was survived by his second wife, Maureen (M), and by his three adult daughters, Victoria, Gina and Amanda. D and M had been living together for 32 years but only married three days before D’s death. He had been discharged from hospital earlier that day so that he could spend his last few days at home. During this time his solicitor (B) visited him at home and took instructions from him for a will. This left his entire £4m estate to M, in contemplation of their marriage that took place the same evening. Essentially, D made a ‘deathbed will’...
Claire Glaister highlights the court’s approach to costs in GS v L and issues of conduct ‘Since the change in rules, the courts have been reluctant to depart from the general rule, and many family lawyers and their clients alike feel that this has caused injustice.’ The Family Proceedings (Amendment) Rules 2006 came into force …
Continue reading "Costs: Costly behaviour"
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Paul Jones highlights technical challenges to the MoJ scheme that will face an uphill struggle ‘The court held that, absent an express provision dealing with a failure to comply with para 6.10, there was no automatic exiting of the MoJ portal where there was non-compliance.’ As the debate surrounding reform to the legal costs system …
Continue reading "Costs: The other fixed costs regime"
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Mark Surguy assesses the impact of Germany v Flatman ‘Section 51 of the Senior Courts Act 1981 gives the court power to determine by whom the costs of litigation shall be paid. This can include a non-party and a non-party can include a party’s solicitor.’ The scope of the jurisdiction to make a non-party costs …
Continue reading "Costs: Who paid the ferryman? Damned if you do, damned if you might have done"
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Paul Jones considers the date from which interest should run ‘In 2011 there were a number of decisions, including Gray v Toner [2011] and Motto & ors v Trafigura & anor [2011], that held that, where a case was funded by a CFA, interest should not run from the date of the order but should, …
Continue reading "Costs: Interesting times"
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Tom Farley-Hills calls for a reconsideration of the costs rules in family proceedings ‘Ultimately, under the current rules, the implications of rejecting the reasonable without prejudice offer are limited because of the no costs principle.’ When the Family Procedure Rules 2010 (FPR 2010) came into effect in April 2011, one of the significant changes they …
Continue reading "Costs: Costs principles"
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Paul Jones considers the cost consequences of pre-issue Part 36 offers ‘While ”proceedings” could be given a sufficiently wide definition to include work done prior to the issue of proceedings, where there were no proceedings at all, there could not be said to be a deemed costs order in proceedings that didn’t exist.’ CPR Part …
Continue reading "Costs: What constitutes proceedings?"
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Dominic Swallow and Christopher Perry contemplate the brave new world of costs management ‘While management of costs by the court may appear draconian, early adopters, particularly those involved within the Birmingham pilot, have discovered that there are significant cross-benefits in relation to providing clients with costs information.’ In these times of economic and legal change …
Continue reading "Costs: By order of the management"
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Paul Jones analyses the most noteworthy cases over the past year ‘A court still has a discretion to assess costs on the standard basis by reference to the sum that would have been recoverable on the small claims track if the case had been allocated to that track.’ The end of the year seems like …
Continue reading "Costs: A costly review"
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