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04 October 2024
Issue: 8088 / Categories: Legal News , Profession , Costs
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NLJ this week: Double offering on costs—fixed costs in intermediate track & discontinued claims

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Costs are an essential part of litigation but can be baffling for lawyers. Help is at hand in this week’s NLJ, with no less than two articles on this hugely important topic

First up, John O’Hare, a retired costs judge, offers advice on calculating what’s recoverable in fixed costs in intermediate track cases. O’Hare looks in detail at Practice Direction 45, Table 14, through which the amount payable to the winner is dependent on five calculations.

Next, Claudine Morgan, legal director, and Mary Barrett, associate, at Charles Russell Speechlys, discuss why defendants should not presume their costs will be met when claims are discontinued. While the general rule is that the defendant should not bear the burden of costs for a claim deemed not worth pursuing, the court may decide otherwise. But when, why, and under what circumstances? The authors explain.

Morgan and Barrett conclude with some sterling advice: ‘If an application is made, the dirty laundry of pre-action correspondence will inevitably be aired and parties should be prepared for criticism on conduct. An aggressive approach or tone can look very different with hindsight.’

MOVERS & SHAKERS

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
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