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13 July 2012
Issue: 7522 / Categories: Case law , Law digest , In Court
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Costs

Briscoe v Tilt [2012] All ER (D) 09 (Jul)

CPR Pt 45, s II, ought to apply to a broad category of cases. It was not just the easiest of cases that fell within the fixed recoverable costs regime. It was broadly all cases which settled pre-issue, including sometimes cases which required the approval of the court. Fixed costs applied there even though extra work was required of the solicitor. With regard to the test of exceptional, unusualness by itself was not enough. There had to be a circumstance which was exceptional enough to make it reasonably arguable that the claimant should not be held to the fixed recoverable costs regime. Most road traffic cases not exceeding £10,000 which settled pre-issue ought to be swept up.

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

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A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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