Home / Dispute Resolution / Costs and funding / Principles of costs recovery

Legal News

Adjudication—dealing with costs where there has been fraudulent conduct (Eurocom v Siemens)

Copyright © 2025 LexisNexis

Published on: 24 March 2015

Published by a LexisNexis Dispute Resolution expert

imgtext

Article summary

Dispute Resolution analysis: Sir Vivian Ramsey, in making an order for costs to be determined on an indemnity basis, considered the implications of a serious prima facie case of fraudulent misrepresentation that took place in respect of whether adjudicators were conflicted from acting. The failure to respond to enquiries as to the purported conflict until court intervention and the failure to address concerns raised by the other side on this issue within the witness statement supporting an application for summary judgment were regarded as taking the case outside the norm to such a degree as to justify indemnity costs. Further points addressed were that (1) an issue based order will not made so depriving a successful party of their costs for a particular defence which they have lost, if it was not unreasonable to have raised the defence (2) summary assessment once again saw the court take issue with the level of counsel’s fees.

Popular documents

Pre-action—costs recovery

Pre-action—costs recoveryThis Practice Note considers the recovery of costs incurred pre-action. It sets out provisions in the Senior Courts Act 1981 (SCA 1981), CPR 44, pre-action protocols and court guides. It notes the provisions for civil cases that come within the fixed costs regime on or after

Appeals—costs recovery

Appeals—costs recoveryThis Practice Note provides information on the appeal court’s power to order costs, whether these costs can be summarily assessed and/or ordered on an indemnity basis. whether it is possible to recover the costs incurred during an appeal. It considers the Supreme Court’s power

Fixed costs—fast track trial costs (position prior to 1 October 2023)

Fixed costs—fast track trial costs (position prior to 1 October 2023)Note, the extension of the fixed costs regime came into force on 1 October 2023. For all civil cases, other than personal injury and disease, the extended fixed costs regime applies (unless the case is specifically excluded) where

Forthwith orders—costs prior to end of proceedings

Forthwith orders—costs prior to end of proceedingsThe general rule for detailed assessmentThe general rule for when detailed assessment is to take place is set out in CPR 47.1 which provides that the costs of any part of the proceedings are not to be determined by detailed assessment until the