Professional conduct

Question 1

what is the general rule of costs

Answer 1

the unsuccessful party will be ordered to pay the costs of the successful party

Question 2

what is the basis for claims in county court vs high court

Answer 2

Claims cannot be commenced in the High Court unless their value is more than £100,000 (£50,000 or more in PI claims) [unless complex/important to public]

Question 3

what is the rule for appeals in DR

Answer 3

appeal first time to a higher judge not a higher court

second appeals = CofA unless coming from there; if so = SC

Question 4

what are the exceptions for CofA (civil div) binding itself

Answer 4

1. Where faced by 2 conflicting CoA decisions
2. CoA must refuse to follow its own decision which conflicts with SC/HoL decision
3. If a previous decision of CoA is considered to be give per incuriam (ignorance or forgetfulness) = present CoA not bound to follow it

Question 5

what are the exceptions for CofA (crime div) binding itself

Answer 5

1. Where faced by 2 conflicting CoA decisions
2. CoA must refuse to follow its own decision which conflicts with SC/HoL decision
3. If a previous decision of CoA is considered to be give per incuriam (ignorance or forgetfulness) = present CoA not bound to follow it
4. in the interests of justice where the individual’s liberty is at stake

Question 6

what % of costs are you likely to recover if successful

Answer 6

60%

Question 7

what are party/party costs

Answer 7

fees/costs that one party might claim and recover from another party as part of any claim (can’t recover an excess of your solicitors fees and costs)

Question 8

what are solicitor/own client costs

Answer 8

fees that firm/solicitor charges its own clients and which that client is liable to pay to the firm pursuant to their individual fee arrangement

Question 9

what is the overriding objective

Answer 9

enable the courts to deal with cases justly and at proportionate cost
Aim = avoid proceedings where possible, or conduct more efficiently