|
Latimer Management Consultants Ltd & Ors v Ellingham Investments Ltd & Anr, High Ct (Ch D) 30/10/2006
It was just and reasonable to vary a final costs order where there had been a material change in circumstances and the court had been misled as to the correct financial position of a party since the making of a judgment and subsequent costs order, and where it had become apparent that another party, against whom no costs order had been made but who had controlled the litigation on behalf of the party ordered to pay the costs, had personally benefited from the litigation, despite that benefit not being a financial one.
Weston & Anr v Weston & Ors, CA (Civ Div) 23/10/2006
The judge had been wrong to order an assessment of costs on an indemnity basis where one of the parties had not been able to make representations about evidence and where the action had commenced 40 years earlier.
Balmoral Group Ltd v Borealis (UK) Ltd & Ors, High Ct (Comm) 17/10/2006
The court was not persuaded that the combination of difficulties in the case were such that a claimant continuing with its claim was so unreasonable that costs should be awarded on indemnity basis.
In the matter of Alliance Assurance Co Ltd, High Ct (Ch D) 17/10/2006
Where a party had objected to a scheme for the transfer of business, but had then withdrawn its objections prior to the hearing for sanction, it was not entitled to a costs order in its favour.
Hooper & Anr v Biddle & Co, High Ct (Ch D) 11/10/2006
Where the claimants had accepted an offer of £38,000 in settlement of proceedings in which they had originally claimed damages of £3.75 million, it could not be said that the recovery of 10 per cent of their original claim amounted to a significant win, and therefore it was appropriate, under CPR r.44.3(2), to make no order as to costs.
Fulham Leisure Holdings Ltd v Nicholson Graham & Jones, High Ct (Ch D) 5/10/2006
The court determined costs arising out of an action for damages for professional negligence in circumstances that reflected the fact that each party had won and lost on a substantial issue.
Fox Gregory Ltd v Hamptons Group Ltd, CA (Civ Div) 4/10/2006
Where a claimant had issued proceedings for interim relief and discontinued the proceedings when the defendant gave the undertakings sought, the judge had erred in principle to award costs in favour of the defendant as, in the circumstances, it had been reasonable to issue proceedings.
|
