Sentences with phrase «cost order»

How about the effect of a wasted costs order against a legal representative?

There was no statutory basis to order a wasted costs order in such circumstances, and the court could not rely on its inherent jurisdiction to do so.

Moreover, the elimination of costs orders could, in some instances, compound access to justice problems.

Given that the wife also faced the risk of an adverse costs order if her application failed, one can perhaps see why such applications were not made more widely.

An interesting case in relation to the making of a wasted costs order following a solicitor's withdrawal from proceedings after a defendant failed to appear for trial.

Sometimes a pro bono costs order does more harm than good.

The appellant had previously been granted an extension of time to perfect his appeal, on condition that he pay outstanding costs orders by a set date.

It was submitted that this was a classic case for an issues - based costs order.

The theory that large costs orders impose a barrier to justice in class actions is, therefore, more complicated than might be evident at first blush.

If the creditor refuses to withdraw and a successful application is the made to set aside the demand, a hefty costs order will usually be made against the creditor.

The tribunals system already has experience in making costs orders without sacrificing its traditional strengths.

What about cost orders against someone for refusing mediation?

In this case, the trial judge did not consider whether it was appropriate for him to revisit the first costs order.

Therefore the court had to determine the appropriate costs order.

No doubt where possible litigants will seek protection in advance from adverse costs orders.

He also considered it appropriate to make a percentage reduction of the claimant's costs, rather than an issues - based costs order.

Thus if a wasted costs order is made at the suit of the other party then the lawyer can not pass that charge on to the client.

This led to the application being made for a non-party costs order against Mrs Godden.

The draft legislation limits the availability of protective costs orders which cap the exposure of an unsuccessful j.r. applicant to legal costs.

The number of pro bono costs orders made under s 194 of the Legal Services Act 2007 has increased from two in 2009 to around 20 a year.

In the recent High Court cases of The Creative Foundation v Dreamland Leisure Ltd & Others [2016] EWHC 859 (Ch)(«the Creative Foundation») and JustMahe Inc v Smirnova (unreported), we successfully obtained a non-party costs order on behalf of our respective clients, the Creative Foundation and Ms Smirnova.

Her arguments were summarily dismissed with costs ordered against her of $ 9500.

The Court was dismissive of the argument that a contractual nexus was required in order to justify a third party costs order under Section 51 (3) of the Senior Courts Act.

Alan Philips Associates Ltd v. Dowling [2007] BLR 151 CA (Third party costs order against a company director)

If her argument is that too many claims proceed when they have no merit, she should instead be encouraging her fellow HR directors to use the tools that already exist, such as seeking to strike out vexatious claims or seeking costs orders or deposit orders where claims are felt to be dubious, rather than simply attacking claimants and professionals for daring to seek to bring claims.

It was truly regressive, taking us back to the days when you spent many thousands of pounds arguing about a protective costs order which was intended to save money.

The imposition of substantial costs orders serve at best deter those who already are struggling to afford their day in court and in any case, is only useful as a stick after the resources have already been «misused.»

The Lawtel report on this matter has stated: «The parties had reached the stage of proceedings where a detailed assessment of costs was to occur; they were not at a stage where decisions were to be made as to whether to make costs orders at all».

At the time of the subject motion before Lemon J. to set aside the Dismissal Order, some of the undertakings still remained outstanding and costs ordered from previous Orders had not been paid.

Related proceedings include Tom obtaining the largest non-party costs orders ever made by the English High Court and successful enforcement actions before the Norwegian courts in 2016/17.

However, he says the increase in the ceiling of small claims from # 5,000 to # 10,000 on 1 April will help as more litigants in person will be able to use the «more relaxed» small claims track «without the threat of being financially ruined by a heavy costs order if they lose».

Obtained a successful outcome in the Employment Tribunal for breach of contract and with a successful costs order at in excess of # 11,000.

However, given our conclusion above, it is unnecessary for us to consider whether his conduct would have disqualified him from a favourable costs order, had he otherwise met the preconditions for such an order.

He relitigated issues already decided, made unfounded allegations of fraud and conspiracy, brought 36 unsuccessful motions, persistently brought unsuccessful appeals, sued lawyers who had previously acted against him, and failed to pay costs orders made against him.

Earlier this year the BC Supreme Court released reasons for judgement finding that when a Defendant succeeds in a lawsuit and is awarded costs the order is for their benefit not their insurer.

As Justice Perell has noted, the idea that most class representatives are on the hook for adverse costs is a «fiction»; indemnities against such costs orders are routinely provided by class counsel or a third party funder.

there are clear advantages of this in enabling individuals and small businesses to worry a lot less about the prospect of facing a huge costs order as either claimant or defendant.

In particular, the Court suggested that funders can — and in some cases should — engage independent lawyers to review litigation strategy in order to reduce the risk of indemnity costs orders.

Additionally, the case establishes the benefits of awarding costs under a percentage costs order, re-establishes the importance of full disclosure, and highlights that failure to consider ADR will count against that party in costs should it fail in court.

Justice Frankel, having properly re-focused the discretion as one that is very much fettered, agreed, and allowed the appeal, reinstating the special costs order for the entire trial.

Although reversal of the tax costs order was enough, the defense further failed to follow the strict § 128.7 sanctions dictates of filing a separate motion for sanctions.

We obtained vacant possession of the property and further costs orders against the Defendant.

Since 2000 there has been an escalation in such claims and costs orders now regularly exceed fines.

«There were already costs orders in place for the claimants, and the effect of the costs judgment was to negate the earlier orders.

The exercise of the discretion to make a non-party costs order does not amount to enforcement of legal rights and therefore the doctrine of corporate personality was not relevant.

The trustee is entitled to its indemnity but the beneficiaries may be characterised as hostile litigants and will be at risk of adverse costs orders inter se.