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See below for a round-up of the latest cases published.

Recent Cases

R (Kuznetsov) v London Borough of Camden [2020] Costs LR 1113: Costs awarded in favour of a local authority: whether the court should enquire into its activities and expenses in order to decide whether there had been compliance with the indemnity principle when assessing hourly expense rates.

Newman v Southampton City Council and Others [2020] Costs LR 1125: Copying and redaction costs in care proceedings: liability for payment where the claimant lacked the funds to meet the costs of a local authority in providing redacted copies of documents ordered to be produced.

Khan v Governor of HMP The Mount and Others [2020] Costs LR 1137: Factors applying on an application to depart from the usual rule or costs following discontinuance of judicial review proceedings under CPR Part 38.

R (The Asbestos Victims Support Groups’ Forum UK) v The Lord Chancellor [2020] Costs LR 1175: Judicial review of a post-implementation review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 Part 2 in relation to funding of industrial disease claims including asbestosis-related illness.

Glover v Barker and Others [2020] Costs LR 1215: Correct approach under CPR 21.4(3) where costs orders are sought against litigation friends (claimant’s and defendant’s) who have acted for unsuccessful parties.

Essex County Council v UBB Waste (Essex) Ltd [2020] Costs LR 1259: Construction of a Part 36 offer: (1) whether any defect in the offer was de minimis and if the court should, in any event, treat the offer as a Part 36 offer; and (2) whether the offeree was estopped from now relying upon the defect.

Blackpool Borough Council v Volkerfitzpatrick Ltd and Others [2020] Costs LR 1295: Factors to apply in deciding what was the appropriate costs order where a claimant failed to beat the defendant's Part 36 offer, but succeeded in elements of the claim excluded from it.

Bravo and Others v Amerisur Resources plc [2020] Costs LR 1329: Appropriate costs orders to be made on an application for a freezing injunction: factors to apply in deciding whether there should be a departure from the usual order that the costs be reserved to the trial judge.

Re PLK, Thakur, Chapman and Tate [2020] Costs LR 1349: Factors to apply in deciding hourly expense rates for court-appointed deputies managing the affairs of protected parties in the Court of Protection.

CJ & LK Perk Partnership v Royal Bank of Scotland [2020] Costs LR 1365: Costs budgeting under Section II of CPR Part 3: circumstances in which an order for the filing and serving of a costs budget should apply to a litigant in person.

Belsner v Cam Legal Services Ltd [2020] Costs LR 1371: Solicitor's retainer: requirements in a claim for RTA personal injuries to discharge the solicitor's fiduciary duty to the client in disclosing all material information in order to obtain "informed consent" to the retainer to satisfy CPR 46.9(2).

Terracorp Ltd v Mistry and Others [2020] Costs LR 1435: Factors to consider in appeals from costs judgments of trial judges where the winner has been successful on some issues but unsuccessful on others.

Razaq v Iqbal and Others [2020] Costs LR 1449: Qualified one-way costs shifting: following a finding of fundamental dishonesty against the claimant, whether the solicitor's failure to pass on details of a settlement offer was causative of wasted costs.

Costs and Fees Encyclopaedia

The Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020 (SI 2020/515) added a new column, concerning online representation, to Table 4(a) in Schedule 1 of the Civil Legal Aid (Remuneration) Regulations 2013, with effect from 8 June 2020, and ceasing to have effect on 8 June 2021. An updated page is now available for printing out and adding to your Costs and Fees Encyclopaedia: Pages 110

The Court Fees (Miscellaneous Amendments) Order 2020 (SI 2020/720) amended fee amounts in the Non-Contentious Probate Fees Order 2004, the Civil Proceedings Fees Order 2008, the Family Proceedings Fees Order 2008 and the Magistrates’ Courts Fees Order 2008, with effect from 3 August 2020. The pages updated are as follows: 237–238, 242 (from the Civil Proceedings Fees Order 2008), 280–284 (from the Family Proceedings Fees Order 2008), 395–396 (from the Magistrates’ Courts Fees Order 2008), and 403–405 (from the Non-Contentious Probate Fees Order 2004). Updated pages are now available for printing out and adding to your Costs and Fees Encyclopaedia: Pages 403-405 (Non-Contentious Probate Fees Order 2004), 237-238, 242 (Civil Proceedings Fees Order 2008), 280-284 (Family Proceedings Fees Order 2008), 395-396 (Magistrates’ Courts Fees Order 2008)

The Immigration and Nationality (Fees) (Amendment) (No. 3) Regulations 2020 (SI 2020/736) amended the Immigration and Nationality (Fees) Regulations 2018, reducing fees for Health and Care Visa applications, and related applications by dependants, with effect from 4 August 2020. Updated pages are now available for printing out and adding to your Costs and Fees Encyclopaedia: Pages 329-371

The Civil Procedure (Amendment No. 3) Rules 2020 (SI 2020/747) amended Tables 6 and 6A in CPR Part 45, removing the limits of "not more than £25,000" in each table, with effect from 1 October 2020. Updated pages are now available for printing out and adding to your Costs and Fees Encyclopaedia: Pages 41-42

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