Archive for the 'protective costs orders' Category

Regina (Edwards and another) v Environment Agency and others – WLR Daily

Regina (Edwards and another) v Environment Agency and others [2010] UKSC 57; [2011] WLR (D) 327

“The function of costs officers was to carry out detailed assessments of costs, subject to any directions that might be given to them by the court. Decisions as to whether the receiving party should receive less than 100% of the assessed costs were reserved to the court.”

WLR Daily, 15th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

New legal aid court challenge set to proceed – Law Society’s Gazette

“A High Court judge has refused an injunction that could have further delayed the start of the new mental health and public law legal aid contracts – but awarded a protective costs order to enable a legal challenge to the two Legal Services Commission tender processes.”

Full story

Law Society’s Gazette, 8th November 2010

Source: www.lawgazette.co.uk

Regina (Buglife – The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corporation – The Times

Regina (Buglife – The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corporation

Court of Appeal

“Where a party with limited means applied for a protective costs order to bring a matter of public importance before the court, and that party was represented by means of a conditional fee agreement, the agreed success fee was relevant to the amount of the cap on the costs order and consequently was to be disclosed to the court.”

The Times, 18th November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R (Buglife — The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corpn – WLR Daily

R (Buglife — The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corpn [2008] EWCA Civ 1209; [2008] WLR (D) 348

On an application for a protective costs order the principles set out in the authorities were to be applied and the procedure followed in a flexible way, taking into account the circumstances of the particular case. The costs in general should be relatively modest and were likely to be capped. In deciding the amount of any cap on liability the agreed success fee for a conditional fee agreement was relevant and as a result was to be disclosed to the court.”

 

WLR Daily, 10th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Compton) v Wiltshire Primary Care Trust – WLR Daily

R (Compton) v Wiltshire Primary Care Trust [2008] EWCA Civ 749; [2008] WLR (D) 221

“The Court of Appeal set down the appropriate procedure to deal with protective costs orders in the Court of Appeal.”

WLR Daily, 3rd July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Compton) v Wiltshire Primary Care Trust – WLR Daily

R (Compton) v Wiltshire Primary Care Trust; [2008] WLR (D) 123

“There was no test of exceptionality to be applied before a protective costs order could be made.”

WLR Daily, 23rd April 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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