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05 September 2019
Issue: 7854 / Categories: Features , Civil way , Procedure & practice
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Civil way: 6 September 2019

Revisiting no order as to costs; summary assessment forms change; new appeal points; housing provider slips up; ECJ on flight compensation; bundle inheritance

NOT TOO LATE, TOO MUCH

The general rule is that when the court makes an order which is silent on costs, no party is entitled to costs. That’s CPR 44.10 (1) (a). The general rule also applies to family proceedings. That’s FPR 28.2.

Can a retrospective order for costs be made? Yes. The Court of Appeal has just so ruled in the children case of Timokhina v Timokhin [2019] EWCA Civ 1284. Whether the court would actually make the retrospective order, stated vice-president Underhill LJ, is to depend on the circumstances of the case and the application would be considered against the backdrop of CPR 44.10 (1)(a).

The costs sought by the father in this case were eye watering. The mother having conceded that she would withdraw an appeal to a circuit judge and pay standard basis costs, a hearing proceeded to solely determine the basis of assessment. The

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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