Winter 2014

Inside Law Magazine Issue 9

The Introduction of “Fundamental Dishonesty” – Peter Jones

The Criminal Justice and Court Bill was introduced into the House of Commons on 5th February 2014. Line by line examination of the Bill took place during the Committee stage on 30th July 2014 with final amendments being made to the Bill during the third reading on 10th November 2014…

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Obtaining Costs After Discontinuance from the Client – Tom Loia

No provision for costs was made in the correspondence. Whether or not this omission was owing to carelessness on the part of the defendant – it came back to bite him. The defendant accepted, and paid the requested sum to the claimant. In line with the agreement, the claimant discontinued, and sought an order for costs in his favour. The defendant contended that he was liable to costs in this instance. The claimant asserted that there was nothing in the agreement with regard to costs. The matter was put to the court…

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The Case of the Mystery Footpath – Tracey Benson

I doubt very much whether any of you have ever received a reserved written judgment that begins as follows: ‘Agatha Christie might well have entitled this “The case of the mystery footpath”. When the path, the subject of this claim, was built, by whom and who owns the land upon which it was constructed is either not known or has not been disclosed. Furthermore, its status is disputed….’

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10 Green Bottles – Dominic Regan

He’s no stranger to the pages of Inside Law in his capacity as “leading expert in the field of civil procedure and adviser to the top judiciary on law reform”, but as this edition spans what for many of us is a festive time of year, we have invited Counsel Magazine’s wine critic Dominic Regan, to share his Top Ten Tips for Fair-Priced Festive Tipple…

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Drafting by Numbers: The Arrival of J-Codes – Steve Jepson

In early September 2014, the LEDES Oversight Committee (LOC), approved a set of computerised codes known as J-Codes. The Committee was set up in response to the review of litigation costs undertaken by Lord Justice Jackson, resulting in what have become known as ‘the Jackson Reforms’. The purpose of the LOC was to oversee the development of a set of computerised uniform time recording codes which will be implemented by the Legal Profession in England and Wales. These codes are intended to assist Courts and other Parties to summarise and analyse time worked and costs incurred during a litigation case. It is further intended that they will be used in the preparation of both Bills of Costs and Budgets…

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Are Fixed Costs in Multi-Track Cases on the Horizon? – Vincent Williams

On the 30 September 2014, Lord Justice Jackson gave the keynote speech at the Inaugural Conference of the Costs Law Reports. Describing the occasion as a “joyous” one, he took the opportunity to review the progress of the civil justice reforms promulgated on the back of his recommendations as set out in the Review of Civil Litigation Costs Final Report (“Final Report”)…

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Proportionality: The Key to Inquest Costs – Helen Dunn

In 2009 Mr Justice Davis in Roach v. Home Office [2009] EWHC 312 (QB) set out the principle that inquest costs were recoverable as costs of and incidental to the civil proceedings but warned that:  “I would however wish to add an  observation on the question of proportionality. There may well be cases where the costs of antecedent proceedings claimed as incidental costs are so large by reference to the amount of damages at stake and/ or the direct costs of the subsequent civil proceedings, if taken entirely on their own, that a Costs Judge will wish to consider very carefully the issue of proportionality”.

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