The Practical Lawyer


Costs – Mastercigars

We all know that if you give a costs estimate that proves to be wildly inaccurate, then you cannot expect to recover your full costs.

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Estimates – inter partes effect?

The debate on whether costs estimates should be fully binding (or whether there should be a 20% uplift allowed) rumbles on, as noted in our previous entry on Mastercigars [2009].

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Privy Council – new rules

We doubt whether many of our readers are involved in appeals to the Privy Council, but for the record it is worth noting that there have been significant changes made in the rules as from 21 April.

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Lands Tribunal – new name

The Lands Tribunal will become the Lands Chamber of the Upper Tribunal on 1 June (although it will continue to use the name Lands Tribunal for the time being).


Privacy – photo

The scope of privacy laws is being extended all the time. We now have a very wide-ranging judgment from the ECHR which has held that it was a breach of privacy to take a photograph without consent.

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Document – ‘mentioned’

CPR 31.14(1) gives the right to any party to ‘inspect a document mentioned’ in a statement of case, witness statement, witness summary, or affidavit.

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Costs – counter-claim

How do you apportion the costs attributable to a counter-claim if both sides have to pay each other’s costs (eg if the claimant has to pay the defendant’s costs, and the defendant has to pay the claimant’s costs)? The answer lies in an important HL decision which is little known, and yet provides a potential elephant trap for defendants.

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Public access – judicial review

The public’s right to access copies of statements of case was established in October 2006; whereas previously such documents were only accessible with a court order, there is now an automatic right for the public to access such documents (but not any documents filed with them, or attached to the statement of case), unless the court has specifically ordered otherwise.

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Pt 36 offer – beaten?

Under the old payment-in rules, if a claimant beat a defendant’s payment-in by one pound, then the claimant got the costs (ie the payment-in was beaten). But, the position is not so clear under the CPR.

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Costs – interest

A reminder of some of the important rules on ‘interest on costs’:

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