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10 May 2013
Issue: 7559 / Categories: Case law , Law digest , In Court
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Costs

Heron v TNT (UK) Ltd and another [2013] EWCA Civ 469, [2013] All ER (D) 28 (May)

It was settled law that a non-party costs order could be made against legal representatives, but that, in every case, such an order was exceptional. Generally speaking, the discretion would not be exercised against “pure funders”. However, where a non-party not merely funded the proceedings, but substantially also controlled or at any rate was to benefit from them, justice would ordinarily require that, if the proceedings failed, he would pay the successful party’s costs. The non-party in those cases was not so much facilitating access to justice by the party funded, as himself gaining access to justice for his own purposes, and he himself was “the real party” to the litigation. A solicitor was entitled to act on a conditional fee agreement for the impecunious client who it knew or suspected would not be able to pay its own, or the other side’s costs, if unsuccessful. As far as the other side was concerned, whether the solicitor had negligently failed to

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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