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13 November 2009
Issue: 7393 / Categories: Case law , Law digest
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Privy Council

Seaga v Harper [2009] UKPC 26, [2009] All ER (D) 44 (Nov)

Under s 15 of the Judicial Committee Act 1833 the board of the Privy Council had the power to make a direction for “the costs incurred in the prosecution of an appeal”.

If the board directed that costs were to be paid on the standard basis, they would only be allowed if they were reasonable and proportionate to the matters in issue. There was no Act of the Imperial Parliament or Order in Council which allowed for the recovery of success fees or after the event (ATE) premiums. The addition of a success fee to a fee that was reasonable and proportionate was almost certain to render the resultant fee unreasonable and disproportionate.

Although the language of s 15 of the 1833 Act was very wide it did not embrace the recovery of a success fee.

Similarly, the expense of taking out of ATE insurance cover was not naturally to be regarded as part of “the costs incurred in the prosecution of [an] appeal” as

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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