costs Flashcards
can a non-party be ordered to pay costs
yes if real interested party in the litigation or they were responsible for bringing the proceedings
would need to add as party to proceedings before making order
does a third party need to have acted improperly to make a non-party costs order
no
which cases are eligible for qualified one-way cost shifting
personal injury only
what is qualified one-way cost shifting
when C is unsuccessful and ordered to pay Ds costs but D cannot enforce this without permission of the court
when is qualified one-way cost shifting used
when judge thinks that the claim was fundamentally dishonest
If C wins can qualified one-way cost shifting apply
no - D would still be required to pay Cs costs
process for detailed assessment of costs
within 3 months of judgement receiving party must serve notice of commencement of detailed assessment
paying party has 21 days to serve dispute
receiving party has 21 days to reply
receiving party must file request for hearing within 3 months of end of period for commencing proceedings (6 months from judgement)
if costs claimed are less than £75K provisional assessment decides what costs are allowed
if either party unhappy with provisional assessment can request hearing but unless 20% change in their favour they pay costs
how are costs assessed in interim proceedings
summary assessment
requirements of costs awarded on standard basis
proportionate, reasonable incurred and reasonable in amount
when are costs proportionate
bear a reasonable relationship to the sums in issue,
the value of any non-monetary relief in issue
complexity of litigation
any extra work generated by conduct of paying party
any wider factors
what happens if the cost is not reasonable in amount
recovered but reduced
what happens if the cost is not reasonably incurred
disallowed so cannot recover it
what happens if the cost is not proportionate
may be disallowed or reduced
difference between indemnity basis and standard basis
standard - doubt resolved in favour of paying party and costs must be proportionate
indemnity - doubt resolved in favour of receiving party and NO proportionality requirement
requirements of costs awarded on indemnity basis
must be reasonably incurred and reasonable in amount but NO proportionality test
when would a party seek security for costs
sought by D if they’re worried about costs
requirements for an order for security of costs
just and part 25 condition met
part 25 conditions for security for costs order
C outside EU
C is an impecunious company (reason to believe C won’t be able to pay Ds costs if ordered)
C taken steps to make recovery / enforcement difficult
factors considered when determining if it would be just to make a security for costs order
strength of claim and defence C's ability to provide security causes of Cs impecuniousity property within jurisdiction timing of application
requirements to be met if a part 36 offer is to be valid
written make clear it is part 36 offer set out relevant period if it is whole/part claim if it takes account of counter claim
what happens when a part 36 offer is accepted
proceedings are stayed to allow for payment
what is the relevant period
min 21 days during which if part 36 offer is accepted D will pay Cs costs
when is a part 36 offer made
when it is served on the other party
is a part 36 offer inclusive of interest
only until day 21
is part 36 offer without prejudice
without prejudice save as to costs - so it only impacts costs
when can you accept a part 36 offer
any time even after expiry of relevant period unless a withdrawal notice has been served
impact of part 36 offer on costs
C offers and D accepts within RP
D pays Cs costs until acceptance on standard basis
impact of part 36 offer on costs
C offers and D accepts outside of RP
D pays Cs costs until acceptance on standard basis
impact of part 36 offer on costs
D offers and C accepts within RP
D pays Cs costs until acceptance on standard basis
impact of part 36 offer on costs
D offers and C accepts outside RP
D pays Cs costs until day 21
from day 22 until acceptance C pays Ds costs
on standard basis
impact of part 36 offer on costs
D offers and C equals or beats offer
D pays Cs costs in usual way on standard basis
impact of part 36 offer on costs
D offers and C fails to beat
D pays Cs costs until day 21
C pays Ds costs from day 22 until judgement plus interest
on standard basis
impact of part 36 offer on costs
C looses
C pays Ds costs and may have to pay interest from day 22 to interest
impact of part 36 offer on costs
C offers and equals or beats the offer
damages plus 10% up to 500k and 5% from 500k-1m up to 75k
D pays Cs costs up to day 21 on standard basis
D pays Cs costs from day 22 to judgement on indemnity basis plus interest on damages and costs
impact of part 36 offer on costs
C offers and doesn’t beat the offer
no penalty
what is an order to obtain info
order to get info from debtor on financial situation. they must attend court to answer questions on their financial situation
what kind of property can a charging order be made against
land or securities (stocks and shares)
can you make a charging order in respect of land the debtor owns jointly with another
yes but the order is charged on the debtor’s beneficial interest rather than on the land itself
how to register a charging order
registered land - register it at land registry
unregistered land - register at land charges department
in which court is a charging order made
if debt is more than 5k it can be made in either HC or CC
if made in CC submit application to CC money claims centre
3 steps to getting a charging order
interim charging order - notice within 21 days and debtor has 14 days to request review
final charging order - object within 28 days of service of ICO
order for sale - need to commence fresh proceedings to enforce sale
do you need a writ of enforcement or warrant of enforcement for taking control of goods
warrant if CC
Writ of HC
how can the debtor get extra time to pay when enforcement officer is taking control of goods
control of goods agreement
what is a control of goods agreement
gives debtor a few extra days to pay - then if they still haven’t goods are sold at auction
is taking control of goods order issued in CC or HC
if judgement was obtained in HC get writ issued in HC
if judgement was obtained in CC depends on amount
less than £600 - CC
600-5k - CC or HC
over 5k - HC
how are taking control of goods orders issued in CC
file for warrant of control at CC hearing centre. Warrant is executed by enforcement officer
how are taking control of goods orders issued in HC
creditor delivers Praecipe (request) and 2 copies of writ of control to court with judgement
court seals writ and returns to creditor
creditor forwards to enforcement officer
can entry be forced into premises to take control of goods
cannot forced entry into debtors home but can use reasonable force to enter business premises if they believed debtor’s goods are inside
what goods can be seized when taking control of goods
usual content of home or business
necessary items cannot be seized from individuals
clothes, bedding, furniture and household items reasaonably required for needs of debtor and family cannot be taken
nether can work tools and equitpment necessary for work or study up to £1350
goods belonging to others eg spouse or hire purchase cannot be taken
max value of items necessary for work or study that cannot be taken when seizing goods
£1350
what is a third party debt order
when debtor is owed money by third party court can order it to be paid to creditor
can a third party debt order be used if the money is owed to the debtor and another person jointly
no - the debt must belong to the judgement debtor solely and beneficially
in which court should a third party debt order be sought
the court which made the original judgement unless the case has subsequently been transferred to another court
when applying for a third party debt order must the creditor give notice to the debtor
no - apply to the court without notice to the debtor
what does the court do if they decide to make a third party debt order
they freeze the bank account or funds held by third party
hearing listed no less than 28 days later
unless there’s a good reason not to do so the order is made final requiring third party to pay money to credito
how to enforce a judgement in scotland and NI
obtain certificate, register judgement within 6 months, enforce using local methods
how to enforce a judgement in the commonweallth
register within 12 months
how to enforce a judgement outside EU / commonwealth
fresh proceedings and local lawyers
how to enforce a judgement in an EU country
register judgement, enforce in same way as local judgement, debtor could apply for refusal of recognition of the judgement but this is rare
what is an attachment of earnings order
compels debtors employer to make regular deductions from earnings and pay them into court
which court should you apply too for an attachment of earnings order
CC money claims centre
HC has no power to make these orders - if judgement was obtained at HC it will have to be transferred to CC before order can made
can employers deduct their own admin costs when administrating an attachement of earnings order
yes
what happens when you apply for an attachement of earnings order
court informs debtor of application an requires either payment or a statement of means. order made specifies normal deduction rate and protected earnings rate. order sent to party’s employer with instructions
can an attachement of earnings order be appealed
if either party objects to the order they can apply for reconsideration by district judge at a hearing
