The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:
The basic rule is that a successful party is entitled to their costs on the standard basis. This means that any doubt as to whether the costs claimed are recoverable is resolved in favour of the paying party. However, when costs are assessed on an indemnity basis, any doubt as to whether the costs have been reasonably incurred or were reasonable in amount being resolved in favour of the receiving party (CPR 44.3(3)), see Practice Note: Indemnity costs orders—principles.
The court also has the power to award interest on costs and there are two different rates of interest, the post-judgment rate and the pre-judgment rate. The post-judgment rate is set by the government and the interest rate of 8% per annum has re
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BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
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