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Costs Law Brief

21 June 2007 / Dr Mr Friston , Prof A Mcgee , P Hughes , M Smith
Issue: 7278 / Categories: Features , Costs
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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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NEWS
AlphaBiolabs has made a £500 donation to Sean’s Place, a men’s mental health charity based in Sefton, as part of its ongoing Giving Back initiative
Human rights lawyers, social justice champion, co-founder of the law firm Bindmans, and NLJ columnist Sir Geoffrey Bindman KC has died at the age of 92 years
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
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