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Precedent H Budget: A Good Reason to Deviate
Precedent H Budget: A Good Reason to Deviate BDW Trading Ltd v Lantoom Ltd EWHC 2744 (TCC) A Precedent H Budget is a document utilised at a Costs Case Management Conference (CCMC), and its purpose is to demonstrate the incurred costs so far in the claim, and those...
Consequences of Rejecting a Part 36 Offer
Consequences of Rejecting a Part 36 Offer and Withdrawal of an Offer Blackpool Borough Council v VolkerFitzpatrick Limited & Ors There are a number of consequences that may arise on rejecting a Part 36 Offer....
Solicitor Fiduciary Duty to Client: Belsner v Cam Legal
Solicitor Fiduciary Duty to Client: Belsner v Cam Legal Services Ltd The Solicitor fiduciary duty to client to explain costs issues was highlighted in the recent case of Belsner v Cam Legal Services Ltd. Lavender J, in the above mentioned recent case, held that s74(3)...
TOLATA Claim Costs and Recovery of the Same
TOLATA Claim Costs and Recovery of the SameWhat is a TOLATA Claim? The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) provides the Court with the power of dispute resolution regarding property or land ownership. A claim under TOLATA can be issued...
Costs to Be Assessed If Not Agreed
Costs to Be Assessed if Not Agreed How to Claim or Contest Legal Costs The legal costs of litigation can often be significant, and costs disputes are to be expected following the settlement of any case. In litigation, the unsuccessful party is usually responsible for...
Indemnity Basis Costs, Fixed Costs and Part 36 Offers
Indemnity Basis Costs, Fixed Costs and Part 36 Offers The Consequences of an Indemnity Costs Assessment What are Indemnity Basis Costs? Costs orders will be assessed in the majority of cases on the standard basis however, for unreasonable conduct an indemnity basis...