header-logo header-logo

Lying litigants beware!

18 March 2010 / Jonathan Upton
Issue: 7409 / Categories: Features , Costs
printer mail-detail

In a number of recent cases the courts have penalised a “successful” but dishonest party with a punitive costs order

In a number of recent cases the courts have penalised a “successful” but dishonest party with a punitive costs order. CPR 44.3(2) provides the starting point. The general rule is that the successful party gets an order for his costs to be paid by the losing party, but it provides the court “may” make a different order. CPR 44.3(4) provides for certain matters that “must” be taken into account. These include the parties’ conduct and whether an offer to settle under Pt 36 or otherwise has been made.

In Straker v Tudor Rose [2007] EWCA Civ 368, [2007] All ER (D) 224 (Apr) Waller LJ agreed with Longmore LJ in Barnes v Time Talk UK Ltd [2003] EWCA Civ 402 at para [28] that, particularly in a commercial context, where the claim is for money, in deciding who is the successful party “the most important thing is to identify the party who is to pay

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll