header-logo header-logo

25 March 2016 / Charles Auld , Kate Harrington
Issue: 7692 / Categories: Features , Procedure & practice , Costs
printer mail-detail

A make-believe world

001_nlj_7692_auld

Costs budgeting simply doesn’t work, say Charles Auld & Kate Harrington

All civil litigation incurs cost; this may be sums paid to lawyers to conduct that litigation; the hours worked by an in-house employee retained specifically for, say, debt collection or the cost of the time spent by a litigant in person. If litigants cannot recover their costs from other parties this can have undesirable results. A claimant can pursue a completely unmeritorious claim with a view to persuading the defendant that it would be cheaper to pay him something in settlement than take the matter to trial. Perhaps of more significance, a no-costs system can prevent a claimant who has a good claim for a non-financial remedy, eg possession of land, but who is impecunious, from pursuing his action at all.

Successful litigants in England and Wales are, at least prima facie, entitled to recover their legal costs from the unsuccessful party, but there is a limit on what can be recovered. As Victorian

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

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
back-to-top-scroll