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Costs of amendment applications
La Chemise Lacoste SA & Ors v Sketchers USA Ltd, High Ct (Ch D) 24/5/2006
Under the CPR the costs of any amendment application that ought to have been consented to would be visited against the opposing party. It behoved parties in litigation to be sensible about applications by the other side and not unreasonably refuse.
Costs of proceedings brought under the Licensing Act 2003 s.181
Cambridge CC v Alex Nesting Ltd, DC, 17/5/2006
It was inequitable for a magistrates' court to order a licensing authority to pay half an appellant's costs of an appeal brought under the Licensing Act 2003 s.181 where that appellant had been only partially successful and the licensing authority had acted correctly and in good faith.
Costs order against publicly-funded litigants
Wyatt & Anr v Portsmouth Hospital NHS Trust, CA (Civ Div) 3/5/2006
A costs order was made against publicly-funded litigants where, but for costs protection, the court would have made an order against them in the context of an application under the Access to Justice Act 1999 s.11(1). As there was sufficient information, the amount they were ordered to pay was nil.
Exceptional case of recovering costs as part of damages awarded
Corbett v Bond Pearce (A Firm) High Ct (Ch D) 28/4/2006
It would only be in an exceptional case that costs, ordered to be paid by the claimant to the defendant in the course of a negligence claim by the former against the latter, could be recovered by the claimant from the defendant as part of the damages awarded to the claimant against the defendant in the same claim.
Protective costs orders
Wilkinson v Kitzinger & Ors, High CT (Fam Div) 12/4/2006
A petitioner who sought a declaration that her same sex marriage was a valid marriage in the United Kingdom was refused a protective costs order in respect of the costs of the Lord Chancellor as intervener, as the proceedings did not raise issues of general public importance and it was not unreasonable that the petitioner should be at risk of at least a contribution to the intervener's costs.
No order for costs where claim discontinued
In Re the estate of Jean Wylde, Deceased v Culver, High Ct (Ch D) 12/4/2006
An application for discontinuance of a claim challenging a will was granted and no order as to costs made, as there was no evidence to show that the claimant had acted unreasonably or in bad faith in challenging the will.
Indemnity costs
Three Rivers District Council & Ors v Governor & Company of the Bank of England, High Ct (QBD Comm) 12/4/2006
A trial judge's duty to assist the costs judge should not be defeated by the potentially paying litigant offering to pay costs on an indemnity basis while reserving the right to argue that its opponent's expenditure of costs had been extravagant or unreasonable. The Bank of England was entitled to indemnity costs after the liquidators of a failed bank discontinued their claim for misfeasance in public office.
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