All posts by Practical Law Dispute Resolution

REUTERS | Hannibal Hanschke

Case won with costs? What happens next?

Step one is to try and agree the costs. Usually, the starting point for that is a schedule showing the work done and time spent, but if that fails, a formal bill of costs will be required, which needs to be served within three months of the date of the costs order (CPR 47.7). The winner then has a further three months to start proceedings for detailed assessment, that is to say the formal quantification of the costs by a judge, assuming that the paying party has served objections to amounts claimed by formal points of dispute (CPR 47.14). That is what the CPR says, but in any sensible world, what the protagonists should do before that stage is reached, is to consider Alternative Dispute Resolution, the most well-known form of which is costs mediation (see Alternative dispute resolution versus having your day in court: another round to ADR (Part 2)).

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REUTERS | Rafael Marchante

In European Real Estate Debt Fund (Cayman) Ltd v Treon and others, Miles J examined section 32 of the Limitation Act 1980 (Limitation Act) and held that the court had to examine all the facts of an individual case and the court should not bind itself solely to events which happen immediately after a cause of action has accrued.

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REUTERS | Ueslei Marcelino

There are no doubt many honest and reputable second-hand car dealers plying their trade in this country. Unfortunately for Mr Tuke, Mr Hood was not among their number” – Andrews LJ

The recent case of Tuke v Hood was concerned with a victim of fraud who was deceived into selling a valuable and appreciating asset at an undervalue and was awarded damages for loss of investment opportunity. The Court of Appeal looked at whether that victim should give credit to the fraudster for the “time value” of the money received as part of the fraudulently induced transaction. Unsurprisingly, the Court of Appeal had little sympathy for the fraudster.

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