Sentences with phrase «successful recovery of costs»
His role will focus on the future challenges in dealing with costs and case management, costs budgeting, and the successful recovery of costs.
https://www.newlawjournal.co.uk/ Not exact matches
The ICC Report notes that this approach was adopted despite the fact that the ICC and at least half of the other major institutional rules do not contain a presumption in favour of the recovery of costs by the successful party.
However, with the SHR remaining at the July 1997 level, the recovery gap becomes wider and wider as time goes by and this effectively penalises successful litigants in Hong Kong, as they are left to settle the (often significant) difference between their actual costs and their recoverable costs out of their own pocket.
Successful litigants (whether these be deep pocket corporates or individuals with limited financial means) in the future can expect to recover a much - increased amount of costs from the unsuccessful party with a significantly lower «recovery gap».
Lord Neuberger said that while there was no «good policy reason» to refuse the father recovery of the premium, it seemed «unlikely» that «the rules would have envisaged that a losing party's liability for a substantial sum should depend on the successful party's appetite for, and financial ability to take, the risk of losing and paying costs».
His reported cases include RH Green & Silley Weir v BR (limitation period against 3rd party), de Bry v Fitzgerald (security for costs), Hartt v Newspaper Publishing (libel concerning a work by Michelangelo), Pearson v Sanders Witherspoon (valuation of loss of chance), Siebe Gorman v Pneupac (status of consent orders), Senate Electrical v NTL (liability of an employee for acquisition warranties) and Bendell v Smith & Others (a successful recovery action by a lender on a shared appreciation mortgage equity release — the only such case to go to trial).
successful claimant's costs recovery restricted after fully contested trial to a fixed sum reflecting just 6.7 % of the budgeted base fees and disbursements