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Application for Relief from Sanctions: Thomas v Smalling

Application for Relief from Sanctions: Thomas v SmallingWhat is an Application for Relief from Sanctions? Where a party has failed to comply with a Court Order or the Civil Procedure Rules, for example, in failing to file a Defence or failing to comply with the...

Part 8 Costs Only Proceedings

Part 8 Costs Only Proceedings When Is the Right Time to Issue?  Part 8 costs only proceedings can arise when the main action settled prior to issuing proceedings. When a matter settles pre-action, the costs of the claim can only be negotiated on an informal...

Notice of Right to Cancel a CFA

Notice of Right to Cancel a CFA Conditional Fee Agreements are subject to the same requirements as any other contract and; therefore, usually require a Notice of Right to Cancel a CFA for one to be binding. The Consumer Contract (Information, Cancellation and...

Conditional Fee Agreement Termination: Toms v Brannan

Conditional Fee Agreement Termination Toms v Brannan [2020] Costs LR 1497 What is a Conditional Fee Agreement? Conditional Fee Agreements, or CFA for short, are a type of retainer which are entered into between a no win no fee Solicitor and their client in respect of...

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...

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