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NLJ this week: Double offering on costs—fixed costs in intermediate track & discontinued claims

04 October 2024
Issue: 8088 / Categories: Legal News , Profession , Costs
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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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
Professor Dominic Regan of City Law School highlights a turbulent end to 2025 in the civil courts, from the looming appeal in Mazur to judicial frustration with ever-expanding bundles, in his final NLJ 'The insider' column of the year
Antonia Glover of Quinn Emanuel outlines sweeping transparency reforms following the work of the Transparency and Open Justice Board in this week's NLJ
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