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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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
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