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07 December 2012
Issue: 7541 / Categories: Case law , Judicial line , In Court
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Summary blushes

Is it common practice to refuse a party his costs on an interlocutory civil hearing...

Is it common practice to refuse a party his costs on an interlocutory civil hearing where he has been successful, simply because he has failed to file and serve his statement of costs in a CPR compliant way?

It would be rare to do so. CPR PD 44.13.6 provides that a failure “will be taken into account...in deciding what order to make...and about the costs of any further hearing or detailed assessment that may be necessary as a result of the failure”. The judge may put the hearing back to allow a statement to be compiled and/or served and the paying party an opportunity to consider it and then summarily assess later in the list or adjourn to another day for assessment—and this must be before the same judge—while at the same time indicating that the receiving party is unlikely to receive costs of reattending and an allowance may be made for the reattendance costs of the receiving party. The amount to be paid may then be quickly resolved.

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

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Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

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Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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