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Summary blushes

07 December 2012
Issue: 7541 / Categories: Case law , Judicial line , In Court
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Is it common practice to refuse a party his costs on an interlocutory civil hearing...

Is it common practice to refuse a party his costs on an interlocutory civil hearing where he has been successful, simply because he has failed to file and serve his statement of costs in a CPR compliant way?

It would be rare to do so. CPR PD 44.13.6 provides that a failure “will be taken into account...in deciding what order to make...and about the costs of any further hearing or detailed assessment that may be necessary as a result of the failure”. The judge may put the hearing back to allow a statement to be compiled and/or served and the paying party an opportunity to consider it and then summarily assess later in the list or adjourn to another day for assessment—and this must be before the same judge—while at the same time indicating that the receiving party is unlikely to receive costs of reattending and an allowance may be made for the reattendance costs of the receiving party. The amount

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
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The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
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