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Using Unless Orders to force payment of Unpaid Costs Orders

Unless Orders are judicial directives that can force a non-compliant party to comply with a previous court order. Specifically, in the context of outstanding costs orders, Unless Orders can help ensure financial obligations are paid out.

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Recovering the Costs of Civil Litigation

Deputy Costs Judge Joseph in the case of Coram v D R Dunthorn & Son Ltd [2023] EWHC 731 (SCCO) affirmed that the costs of instructing leading counsel for a three-day trial were not recoverable as they were deemed unreasonable and disproportionate for a case with a maximum value of £115,000 (settled for £75,000).

Costs Information

Price Transparency We want you to have the information you need to make an informed choice of legal services provider, including understanding what the costs may be. We…

Indemnity Costs in Litigation

Indemnity Costs in Litigation

An award of indemnity costs might give a party in a lawsuit a major advantage, due to the fact that the paying party will be responsible for the legal expenses and the proportionality criterion will not be applied. Since costs on the standard basis are the norm, the indemnity costs principle (included in Civil Procedure Rules 44.3(3)) can be considered punitive in nature.

High Court: Unreasonable refusal to ADR does not attract an order for costs on an indemnity basis

In the case of Richards & Anor v Speechly Bircham LLP & Anor (Consequential Maters) [2002] EWCH 1512 (Comm) HHJ Russen QC (sitting as a judge of the…

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High Court issues costs penalty for failure to resolve issues with ADR

This latest High Court case again demonstrates the pitfalls for litigants who unreasonably refuse to engage in Alternative Dispute Resolution such as mediation to resolve issues. Parties that fail to do so risk be punished by the court when it comes to costs.

West Bromwich Building Society loan mis-selling: Hidden swaps and break costs

If you are an individual or a bank with a loan agreement with West Bromwich Commercial Limited, it is important to review your loan agreement when you are in a position to repay the loan. There are many individuals today who are struggling to exit these loans and have only just become aware of the mis-selling, hidden swaps or break costs, which may be the case in your situation. Due to limitation issues, it is important to seek legal advice on a potential claim against West Bromwich Building Society.

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Nationwide TBL mis-selling: Hidden swaps and break costs in fixed rate loans

In 2012, when a scandal of loan mis-selling came to light, Britain’s biggest building society, Nationwide, set aside £103 million to compensate victims of loan insurance mis-selling. There are many individuals today who are still struggling to exit these loans and have only just become aware of the mis-selling, hidden swaps or break costs. Due to limitation issues, it is important to seek legal advice on your potential claim.

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Aviva mis-selling: Hidden swaps and break costs in fixed rate loans

Fixed Rate Loans have been mis-sold to many UK businesses and even to GPs. The customers are forced to suffer massive break costs (also called early redemption fees, exit fees or penalties) because lenders such as GPCF/Norwich Union/Aviva have hidden complex derivatives (with significant contingent liabilities) in a ‘loan wrapper’ but have not explained this to the customer.