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01 March 2012
Issue: 7503 / Categories: Case law , Law digest , In Court
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Costs

Dockerill and another (minors by their litigation friend) v Tullett; Macefield (a minor by his litigation friend) v Bakos; Tubridy (by her litigation friend) v Sarwar [2012] EWCA Civ 184, [2012] All ER (D) 167 (Feb)

In circumstances where an order was for a detailed assessment of costs on the standard basis, the court’s obligation under CPR 44.5(1)(a) was to decide whether the costs claimed were proportionately and reasonably incurred or were proportionate and reasonable in amount. That was a fundamentally different exercise from that under CPR Pt 27 where the court was not permitted to order the payment of any costs except those specified under CPR 27.14. The provisions of CPR 45.7(2) excluded certain types of case, including claims for sums below £1,000, from the predictive costs regime but did not otherwise dictate how those costs were to be dealt with. However, the combined effect of CPR 8.9(c) and CPR 21.10(2)(b)(i) was to make those types of cases multi-track claims to which CPR Pt 27 had no application.

The costs judge was required to look realistically at

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
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
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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