case management and costs (wk5) Flashcards
what is the general rule in relation to costs?
loser pays winner’s costs
what is the basis on the assessment on the amount of costs payable - how do the court decide?
objective test - litigation must be ‘justly and proprortionate’ cost
when do summary assessments for costs take place? (in what instances do summary assessments take place?)
fast track cases
hearing of an interim application of less than 1 day
when do parties need to file statements of cost for summary assessments?
parties need to file statements of cost at least 24 hours before the claim
what are the two types of procedures for assessment on costs?
summary assessment
detailed assessment
what are the 5 things that should be considered when deciding if costs are proportionate?
a) Sums in issue in the proceedings
b) Value of any non-monetary relief in issue in the proceedings
c) Complexity of the litigation
d) Any additional work generated by conduct of the paying party
e) Any wider factors involved in the proceedings, such as reputation or public importance
what is the time frame that a party must comply with an order for payment of costs?
within 14 days of:
date of judgment or order if states the amount of costs
if amount of those costs decided later, date of certificate which states amount
what is costs in any event?
The party in whose favour this order is made is awarded its costs of the interim hearing from the other party regardless of who eventually wins at trial.
what is costs in the case?
The party who eventually gets its costs at trial (usually the winner) will recover its costs of the interim hearing from the other party eg, usually the party that wins at trial will recover the costs of this application
what is costs reserved?
The decision about who pays the costs of the interim hearing is put off to a later occasion. If no decision is made then the costs will be in the case.
what are the 3 most common costs orders that the court might make at an interim stage?
- costs in any event
- costs in the case
- costs reserved
what is the difference between strike out and summary judgment?
Strike out focuses on statement of case and covers cases which do not amount to a legally recognisable claim or defence. Whereas summary judgment covers cases that are weak on the facts.
what is the difference between strike out and default judgment?
Default judgment is procedural as it is the consequence of the D failing to respond to a claim. Court doesn’t consider the merits of the case when ordering judgment in default. Strike out is not purely procedural.
what are the 3 grounds for strike out?
a) Statement of case discloses no reasonable ground for bringing or defending the claim
b) Statement of case is an abuse of court’s process or otherwise likely to obstruct the just disposal of proceedings
c) There has been a failure to comply with a rule, practice direction or court order.
when is a case allocated to small track?
less than £10,000. PI less than £10,000, for road traffic less than £1,000
