header-logo header-logo

17 July 2009
Issue: 7378 / Categories: Case law , Law digest
printer mail-detail

Costs

D Pride and Partners (a firm) and others v Institute for Animal Health and others [2009] EWHC 1617 (QB); [2009] All ER (D) 84 (Jul)

It was not an advantage contemplated in the phrase ‘a judgment more advantageous’ in CPR Pt 36.14 if the claims advanced and settled in full were greater than the entitlement in law of each claimant in question. The overriding objective was for the court to deal with cases justly.

There might be cases where a claimant was able to persuade a defendant to pay the claimant more than the claimant’s legal entitlement, or to pay his legal entitlement more quickly than he would otherwise have done, in circumstances where the cost of contesting that entitlement would not be worth incurring. The provisions of Pt 36 should be construed as designed to protect a defendant from claims being pursued on such a basis and not to reward, in orders for costs, claimants who did pursue claims on such a basis

 

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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
back-to-top-scroll