header-logo header-logo

21 June 2007 / Dr Mr Friston , Prof A Mcgee , P Hughes , M Smith
Issue: 7278 / Categories: Features , Costs
printer mail-detail

Costs Law Brief

WHO BEARS THE COSTS OF THE COSTS WAR?

In Myatt and others v National Coal Board [2007] EWCA Civ 307, [2007] ALL ER (D) 301 (Mar) the Court of Appeal dealt with the issue of who should pay the costs of an appeal concerning the enforceability of the claimants’ conditional fee agreements (CFAs). The claimants had lost that appeal (see Myatt and others v National Coal Board [2006] EWCA Civ 1017) and the issue was who should pay the defendants’ costs: should the costs be paid by the claimants themselves, or by their solicitors?

The claimants had no insurance in respect of the appeal because their after the event (ATE) insurance was itself conditional upon their conditional fee agreements being enforceable. Had this not been the case, the defendant would have been content with an order against the claimants themselves, but in view of the fact that the claimants were uninsured, the defendant had no option but

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Mark Hastings, Quillon Law

NLJ Career Profile: Mark Hastings, Quillon Law

Mark Hastings, founding partner of Quillon Law, on turning dreams into reality and pushing back on preconceptions about partnership

Kingsley Napley—Silvia Devecchi

Kingsley Napley—Silvia Devecchi

New family law partner for Italian and international clients appointed

Mishcon de Reya—Susannah Kintish

Mishcon de Reya—Susannah Kintish

Firm elects new chair of tier 1 ranked employment department

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll