header-logo header-logo

07 February 2008 / Neil Forsyth , Marcus Thomson
Issue: 7307 / Categories: Features , Procedure & practice , Damages , Costs
printer mail-detail

When costs become damages...

The courts are right to restrict the amount of damages levelled against defendants, say Marcus Thomson and Neil Forsyth

A common area of dispute in civil cases is how far a claimant, who has to incur legal costs against a third party as a result of a wrong committed by the defendant and fails to recover those costs in full from the third party, can then recover them as damages from the defendant. Claimants argue that they should be compensated for those costs in full, or at least on a Solicitors Act 1974 or indemnity basis of assessment. Defendants argue that claimants should be restricted to costs recoverable on a standard basis detailed assessment. The difference can be substantial. The argument is complicated by changes in recent years to the basis of inter partes assessment of costs. Until 1986 a successful party awarded costs was normally restricted to “party and party” costs, which were defined as costs necessarily incurred. However,

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll