Costs definition

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Option agreements—acting for the buyer—checklist

Option agreements—acting for the buyer—checklist Call or put option? In a 'call' option the buyer will have control in that it may call for a transfer of the property. A 'put' option gives the seller control in that it can require the buyer to take a transfer of the property and therefore the buyer should be especially vigilant in ensuring that the terms for the transfer (particularly those relating to valuation and, if appropriate, insurance) are as favourable as possible. Seller's charges If the property is already mortgaged at the date of grant of the option agreement, there is a risk that the mortgagee may overreach the option by exercising its power of sale. Therefore ensure that the mortgagee either: • joins into the agreement (this is rare in practice), or • provides written consent to the granting of the option In either case, the mortgagee should confirm that if the buyer exercises the option it will acquire the property free from the charge or, if the mortgagee...

DPA suitability checklist

DPA suitability checklist Court's oversight of the interests of justice and fairness, reasonableness and proportionality The UK deferred prosecution agreement (DPA) regime provides for judicial oversight of DPAs. After negotiations as to the terms of a DPA have commenced and before it has been concluded, the court must determine: • whether it is likely to be in the interests of justice, and • that its proposed terms are fair, reasonable and proportionate Therefore, each factor must be supported by clear and persuasive proof in order to seek to persuade the court to approve the DPA. The declarations given under Schedule 17 Part 1, para 8 to the Crime and Courts Act 2013 (CCA 2013) to date provide insight into the court's approach as to when a DPA is suitable and this has, in turn, fed into the prosecutor's approach (see Practice Note: The SFO's approach to Deferred Prosecution Agreements (DPAs) [Archived]). For detailed information on DPAs in general, the process followed by the court when considering whether to...

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Freedom of information request—flowchart

Freedom of information request—flowchart In brief The timeframe for compliance with a freedom of information request is 20 working days, although in certain limited circumstances this can be extended. Upon receipt of a request, an authority should: • record the date on which the request was received • assess the validity of the request • establish whether information of the description specified in the request is held by the authority • estimate the cost of compliance • consider charging a fee • consider whether any exemptions apply • respond to the applicant within the timeframe For information on the freedom of information regime generally, see Practice Notes: • Introduction to freedom of information • Who is subject to the freedom of information regime For an overview of the whole process click here to view or print a separate PDF version. Step 1—Request for information received Click here to view or print the full-size PDF version: Timeframe within which to respond See Practice Note: Compliance with a freedom...

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Entitlement to legal costs of an adjudication

Produced in association with 4 Pump CourtThis Practice Note looks at the ability of an adjudicator to make provision for one party to bear the legal costs (in whole or in part) of the other party, referred to below as ‘party costs’. It also considers the ability of a party to recover its party costs under the Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998) or as a claim for damages.In relation to an adjudicator’s fees and expenses, see Practice Note: An adjudicator's fees and expenses.In general, the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) (as amended by the Local Democracy, Economic Development and Construction Act 2009 (LDEDCA 2009)) seeks to prevent parties agreeing contractual terms which place all the costs risk on one party.HGCRA 1996, s 108A renders ineffective any agreement by the parties as to liability for party costs subject to a very narrow exception—parties can agree terms which concern the allocation of costs if the agreement is:•in writing, and•reached after the notice of...

Costs insurance

This Practice Note looks at costs insurance (sometimes known as legal expense insurance (LEI)), which is the means by which an insured person is protected against the risks of an adverse costs award in litigation. The two main types being before the event insurance (BTE insurance) and after the event insurance (ATE insurance). This Practice Note should be read in association with Practice Note: Recovery of costs insurance premiums.Insurance is a complex area and one subject to regulatory requirements. It is however important to understand these requirements as a failure to comply would allow the court to find that the policy is unenforceable and this in turn will limit costs recovery. See further: Insurance contracts—overview and Regulated activities—overview.LEI policies are regulated by the Insurance Companies (Legal Expenses Insurance) Regulations 1990, SI 1990/1159. LEI insurance will require the payment of a premium for the insurance cover and the cover will be subject to an excess, ie the first £X will not be covered by the insurance and will be payable by...

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Application—amendment to claim or response

Application—amendment to claim or response [Insert date] [Insert] Employment Tribunal [insert address] To the [insert] Employment Tribunal [Insert case name] Case No: [Insert case number] Application under Rule 31(1) to amend the [Claim OR Response] We act for the [ Claimant OR Respondent] in the above matter. We wish to apply pursuant to Rule 31(1) for an order that we be permitted to amend the [Claim OR Response] in the form of the attached draft, as follows: [insert details, eg to include an additional paragraph 10A to read ‘The Claimant also contends that her dismissal amounts to direct sex discrimination under sections 13 and 39 of the Equality Act 2010’.] [We request that a hearing is listed to consider the details of this application. OR We request that this application is determined on the basis of written representations only so as to avoid the need for the parties to attend a hearing and incur the additional associated costs.] Our reasons for applying for...

Ireland—Deed of assignment and conveyance—unregistered—freehold and leasehold

Ireland—Deed of assignment and conveyance—unregistered—freehold and leasehold Commencement Section 64(2)(a) of the Land and Conveyancing Law Reform Act 2009 (Ireland) (LCLRA 2009 (IRL)), provides that one of the criteria for establishing if a document is a deed is whether the document is described at its head with the appropriate wording such as ‘Conveyance’, ‘Assignment’, ‘Indenture’, ‘Deed’, etc. Date While it is usual practice to date a deed on the date of completion a deed actually takes effect on the date of its delivery. The concept of delivery means that it is possible for a deed to be valid even if it has not been dated. If a deed is not dated, external evidence is admissible to prove the correct date from which it was intended to operate. Where a date is inserted, it is presumed that this date is the date on which the deed took effect. However, this presumption may be rebutted by evidence to the contrary. See: Browne v Burton (1847) 17 LJQB 49 (not reported by Lexis+® UK). It is good...

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Is a Part 20 defendant normally required to complete a directions questionnaire ‘DQ’ (Form N181), does this answer change if the claim would be fast track, but the Part 20 claim multi-track? If the notice of allocation sent to the claimant does not require budgets, disclosure discussion report etc, can you ignore and propose standard directions? Also, outside the disclosure pilot, can one use standard disclosure?

Is a Part 20 defendant normally required to complete a directions questionnaire ‘DQ’ (Form N181), does this answer change if the claim would be fast track, but the Part 20 claim multi-track? If the notice of allocation sent to the claimant does not require budgets, disclosure discussion report etc, can you ignore and propose standard directions? Also, outside the disclosure pilot, can one use standard disclosure? In this Q&A, the defendant’s Part 20 claim is a counterclaim that has been made against a person other than the claimant under CPR 20.5. Is a Part 20 defendant required to file a directions questionnaire? CPR 20 deals with counterclaims and other additional claims by the defendant. CPR 20.3(2) sets out which of the Civil Procedure Rules do not apply to additional claims (which, as defined in CPR 20.2(2) includes counterclaims). Included in the rules that do not apply to additional claims is CPR 26, which sets out the requirement for the parties to file a directions questionnaire (DQ)....

Is security for costs available against a company prior to starting proceeding? Just because a company is based abroad in a non-convention state, is security for costs automatically granted?

Is security for costs available against a company prior to starting proceeding? Just because a company is based abroad in a non-convention state, is security for costs automatically granted? Is security for costs available against a company prior to starting proceedings? Security for costs is only available when there are actual court proceedings. It is not available pre-action. Although pre-action costs can be recovered in litigation and may, therefore, form part of an application for security, there is little that defendants can do to protect themselves regarding pre-action costs if there is no subsequent litigation. For guidance on recovering pre-action costs, see Practice Note: Pre-action—costs recovery. Just because a company is based abroad in a non-convention state, is security for costs automatically granted? Pursuant to CPR 25.13, a court may make an order for security for costs if: ‘it is satisfied, having regard to all the circumstances of the case, that it is just to make such an order, and… one or more of the conditions in...

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How to quantify accommodation claims in short life expectancy cases; still no nearer (Hill v East Kent NHS Trust)

PI & Clinical Negligence analysis: The issue arose in an interim payment application in a clinical negligence claim as to how to value the capital cost of a property already purchased when the claimant’s life expectancy was relatively short (just over 12 years). The claimant contended that she should recover the full value of the capital cost, not least when she could otherwise have purchased a cheaper house but spent more on adaptations. The judge rejected this submission and applied a conventional Swift v Carpenter calculation, while noting that this approach may not provide full compensation to the claimant. Written by Robert Weir KC, barrister at Devereux Chambers.

Health and safety prosecution round-up—9 June 2025

A round-up of the latest health and safety prosecutions, including a multi-national company fined after a radiographer was overexposed to ionising radiation.