Cost orders

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Practice notes
Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...
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9th Nov
Practice notes
The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...
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9th Nov
Practice notes
Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...
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9th Nov
Precedents
Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...
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9th Nov
Practice notes
The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
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9th Nov
Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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9th Nov
Practice notes
What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...
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9th Nov
Practice notes
Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense...
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9th Nov
Practice notes
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a...
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9th Nov
Practice notes
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...
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Produced in partnership with Greg Ó Ceallaigh of Garden Court Chambers 12th Jan

Most recent Cost orders content

Practice notes
DefinitionsThe following definitions are used in this Practice Note:•interest—this is an additional award made to the winning party to effectively...
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10th May
Practice notes
This Tracker contains details of costs judgments in which the court has awarded indemnity costs or has refused to order indemnity costs. The main...
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4th May
Practice notes
This Practice Note considers orders for costs determined on an indemnity basis (indemnity costs orders). A court may order that costs are assessed on...
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4th May
Practice notes
What is an interim payment on account of costs?Where the court has made an order for the payment of costs by the losing party, the successful party...
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28th Apr
Practice notes
Rationale for enforcing an interim costs orderIt is important that the courts have mechanisms at their disposal so that they are in a position to...
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28th Apr
Practice notes
This Practice Note looks at the effect of a party’s conduct on both the type of costs order a court will make and the amount of costs that will be...
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27th Apr
Practice notes
The general rule and proportionate costs orders—CPR provisionsThe general position is that the court will order that the losing party pay the...
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21st Apr
Practice notes
This Practice Note considers the recovery of costs in proceedings involving a child or a protected party. In the majority of cases, the child or...
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13th Apr
Practice notes
This Practice Note deals with provisions for the payment of costs orders. It considers the differences depending on whether the court order includes a...
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Produced in partnership with David Willink of Lamb Chambers 13th Apr
Practice notes
This Practice Note explains the indemnity principle as applied when seeking to recover costs in proceedings. The principle sets out the extent of a...
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12th Apr
Practice notes
This Tracker provides examples of costs judgments where the court has made a wasted costs order.The following judgments provide examples of where the...
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12th Apr
Practice notes
What is a wasted costs order?A wasted costs order is defined in CPR PD 46, para 5.1 as an order:•that a legal representative pay a sum in respect of...
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9th Apr
Practice notes
The 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...
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8th Apr
Practice notes
Note that the Costs Capping List Pilot Scheme is running in the Business and Property Courts from 14 January 2018 for to years. For guidance, see...
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8th Apr
Practice notes
This Practice Note considers whether a non-party costs order (NPCO) will be made against a funder of litigation. It considers the differences between...
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8th Apr
Practice notes
ARCHIVED: This Practice Note is archived and for historical reference only.What we have learnt—detailed assessmentSome of the more interesting...
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8th Apr
Practice notes
This Practice Note considers non-party costs orders (NPCO) against solicitors. Such orders may be made where a solicitor acts as a funder where there...
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8th Apr
Practice notes
The general rule—no costs recoveryThe general rule is that where a court order does not make any provision as to costs the parties are not entitled to...
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8th Apr
Practice notes
This Practice Note looks at the discretion of judges to make costs orders (CPR 44 and its accompanying Practice Direction, CPR PD 44). It considers...
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8th Apr
Practice notes
This Practice Note explains who a non-party costs order (NPCO) may be made against. The Practice Note covers expert witnesses, insurers, litigants in...
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8th Apr

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