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Increased costs budget approved at trial
JSC Mezhdunarodniy Promyshlenniy Bank and Another v Pugachev and Others [2017] EWHC 1853 (Ch) This decision concerned a late Application for an increase of £84,000 for budgeted costs partway through trial to cover extra costs to be incurred by the Claimant by reason of the…
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BNM -v- MGN Limited
This case was one of the first cases to really demonstrate the power of CPR 44.3 (2) (‘Jackson test of proportionality’), which states: Where the amount of costs is to be assessed on the standard basis, the court will – (a) only allow costs which…
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Sanction for non-payment of the trial fee by the Claimant = Automatic Strike Out
CPR 3.7A 1(7) provides that if the trial fee has not been paid on or before the trial fee payment date, then the claim will automatically be struck out without further order of the court, and unless the court orders otherwise, the Claimant will be…
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Security for Costs Applications and ATE funding
Premier Motorauctions Ltd (in liquidation) and Premier Motorauctions Leeds Ltd (in liquidation) -v- PricewaterhouseCoopers LLP and Lloyds Bank Plc [2016] EWHC 2610 (Ch) In a decision handed down on 24 October 2016, the High Court confirmed that ATE insurance can be sufficient to successfully resist…
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R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51
“The question whether [Court and Tribunal] fees effectively prevent access to justice must be decided according to the likely impact of the fees on behaviour in the real world. “Fees must therefore be affordable not in a theoretical sense, but in the sense that they…
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Any case allocated to the Multi-Track ceases to be subject to fixed costs
It is worth remembering that following the decision in Qader & Others v Esure Services Ltd [2016] EWCA Civ 1109 any case allocated to the Multi-Track ceases to be subject to fixed costs. That decision is now enshrined in rule 8(1) of the Civil Procedure…
