The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note explains costs only proceedings which are brought as Part 8 claims and are used to obtain a court order that there should be an assessment of costs, the amount of costs is not decided. The costs-only procedure is set out in Section IV of CPR 46 at CPR 46.14. The rule sets out a list of requirement which need to be met prior to commencing a costs only procedure. This includes settlement of all issues in dispute except for the costs incurred pre-action. The procedure cannot be used if the costs are payable pursuant to a contract (CPR 44.5).
The intention is that the costs only Part 8 procedure provides a simple and convenient means of resolving a costs dispute and is brought with the consent of both parties. Costs only Part 8 proceedings are used by a party to recover pre-action costs where the parties have agreed to settle the dispute before the commencement of proceedings but they have been unable to agree costs. In 2001, when this was a new process, the court in Bensusan v Freedman explained that when seeking to recover costs using this procedure there are two distinct steps:
step 1—obtaining a costs order. The Part 8 application requests that the court makes the court order for costs. Parties cannot apply
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When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must prove the defendant unlawfully
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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