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

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
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
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