Briggs LJ decides that cases which commence under the RTA and EL/PL protocols and settle prior to a disposal hearing attract the most generous fixed costs regime
Pre-LASPO 2012 CFA can be transferred between firms, Master Leonard decides
CPR 44.13 should be interpreted in a way that “more justly achieves what is plainly the purpose of the regime as divined from the Rules”, says Edis J.
A motivation of personal trust and confidence between client and fee earner is not necessary to validate an assignment, HHJ Graham Wood QC decides– but admits his judgment may require appellate court review
Part 36 did not preclude a judge from making an issue-based or proportionate costs order where a claimant had only succeeded on some issues. However, the constraints of Part 36 meant that it would be reasonable to deprive a claimant all or part of their costs only if it would be unjust to order otherwise, having regard to “all the circumstances of the case”
A claimant awarded £5,000 in damages was entitled to recover his costs on the standard basis (budgeted at almost £129,000) following a defendant’s “inadequate” capped costs offer, a High Court judge has decided.
Sales LJ sets out the Court of Appeal’s policy regarding costs security when a party demonstrates a 'deliberate reticence' about its financial position, and the relevance of any court approved costs budget in the calculation of an appropriate sum
A circuit judge had no discretion to refuse a 10 per cent uplift to successful legally-aided claimant, because their claim did not fall within the singular Simmons v Castle exception.
The Court of Appeal has ruled that costs awarded to successful Part 36 claimants in RTA portal claims can be recovered on the indemnity basis and not limited to the less generous fixed costs regime.
Litigants may be forced to choose between abandoning claims or representing themselves if LAA funding decisions cannot be made within appeal timeframes – even for judicial review claims.
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