TMC Legal » Legal Costs
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TMC Legal Services legal costs blog where you will find all the latest news and legal costs case law in the field of legal costs. TMC Legal Services are a firm of costs lawyers, draftsmen and consultants. We cover every aspect of civil/commercial and criminal legal costs.
TMC Legal » Legal Costs
1w ago
The post Campaign Of Vengeance Results In Award Of Indemnity Costs appeared first on TMC Legal ..read more
TMC Legal » Legal Costs
2w ago
Mr. and Mrs. Waterhouse sought leave to appeal against a planning inspector's decision upholding enforcement notices for unauthorized residential use of a forestry container. Their application was filed 18 days late, necessitating an extension of time. The court considered issues of costs under the Aarhus Convention, including whether to reduce the default cost caps and how to allocate costs between the two respondents. The judge refused the extension of time due to lack of viable grounds of appeal, maintained the default Aarhus cost caps, and awarded costs to both respondents up to the £10,00 ..read more
TMC Legal » Legal Costs
2w ago
The post Supreme Court Overturns Court Of Appeal On Meaning Of ‘Payment’ Under s70 Solicitors Act 1974 appeared first on TMC Legal ..read more
TMC Legal » Legal Costs
2w ago
In Titan Wealth Holdings Limited & Ors v Okunola, the High Court dismissed an application for a protective injunction sought by the Claimants to prevent the Defendant from sending abusive communications to their lawyers. The court found that while the Claimants' lawyers might have a credible harassment claim, there was no jurisdictional basis for the Claimants to seek an injunction on their behalf. The judge held that the application did not fit within established exceptions to the cause of action rule and that the Claimants' lawyers would need to make their own application if they wished ..read more
TMC Legal » Legal Costs
2w ago
In Charles Elphicke v Times Media Limited [2024] EWHC 2595 (KB), the court addressed costs issues following the discontinuance of a defamation claim by a former MP against The Times. The key issues were whether to depart from the usual costs order on discontinuance and how to address alleged misconduct, including the Times' failure to preserve evidence before discontinuance and, after discontinuance, the misuse of witness statements in publications and social media, misrepresenting their content and breaching Rule 32.12. The court held that conduct after discontinuance could be considered unde ..read more
TMC Legal » Legal Costs
3w ago
In Charles Elphicke v Times Media Limited [2024] EWHC 2595 (KB), the court addressed costs issues following the discontinuance of a defamation claim by a former MP against The Times. The key issues were whether to depart from the usual costs order on discontinuance and how to address alleged misconduct, including the Times' failure to preserve evidence before discontinuance and, after discontinuance, the misuse of witness statements in publications and social media, misrepresenting their content and breaching Rule 32.12. The court held that conduct after discontinuance could be considered unde ..read more
TMC Legal » Legal Costs
1M ago
Michael Wilson & Partners Limited v John Forster Emmott concerned the jurisdiction of the Senior Courts Costs Office (SCCO) to assess costs arising from an arbitration. The claimant attempted to commence detailed assessment proceedings without first making an application under section 63(4) of the Arbitration Act 1996, despite the arbitration tribunal having ceased to function. The court ruled that the provisions of section 63 continued to apply even after the tribunal's cessation, and that the claimant's failure to make the required application rendered their attempt to invoke the SCCO's ..read more
TMC Legal » Legal Costs
1M ago
Zhang and anor v Deng and anor [2024] EWHC 2392 (KB) addressed an application to set aside an order relating to costs budgeting. At a CCMC, Master Yoxall had granted the First Respondent relief from sanctions, allowing reliance on a late-filed Precedent H and dispensing with costs budgeting. The Appellants successfully appealed, arguing the costs budget wasn't properly filed or served, and that dispensing with budgeting was erroneous. Saini J overturned Master Yoxall's order, applying CPR 3.14 to treat the Claimant's budget as comprising only court fees. The First Respondent, absent from this ..read more
TMC Legal » Legal Costs
1M ago
In Magee and Others v Crocker and Others, the High Court addressed costs arguments following a judgment on a disputed share transfer and shareholders' agreement, with particular focus on the impact of a late amendment to plead novation. The court considered whether to apply the general rule from Beoco Ltd v Alfa Laval Co. Ltd regarding costs up to the date of a late amendment. Departing from this principle, the court found that the amendment did not substantially alter the case and would not have changed the defendant's approach if pleaded earlier. The judge noted that even if the novation cas ..read more
TMC Legal » Legal Costs
2M ago
Following his recent decision in Worcester v Hopley [2024] EWHC 2181 (KB), Master Thornett again addressed the consequences of maintaining an unrealistic costs budget in Jenkins v Thurrock Council [2024] EWHC 2248 (KB). The case arose from a personal injury claim valued at £200,000+ where the claimant's budget of £944,537.16 (including incurred costs of £358,762.51) was deemed to be "unrealistic and inappropriately ambitious". Despite opportunities for revision following the CCMC in June 2024 and prior to a seperately listed costs management hearing listed to take place on 17 July 2024, the cl ..read more