"LexisLibrary gives us the most relevant and recent cases and always has the latest information on them. It makes research so much easier. We're more cost-effective for our clients and more efficient each day"
Advocates
Access all documents on Costs
Money ordered to be paid by one party to another in respect of the costs incurred in the course of litigation, in bringing or defending a claim.
General provisions about costs are found in CPR Rules 44 to 48.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.
For our full legal glossary and more legal research sources, register for a free Lexis+ trial
Option agreements—acting for the buyer—checklist Call or put option? In a 'call' option the buyer will have control in that it may call for a transfer of the property. A 'put' option gives the seller control in that it can require the buyer to take a transfer of the property and therefore the buyer should be especially vigilant in ensuring that the terms for the transfer (particularly those relating to valuation and, if appropriate, insurance) are as favourable as possible. Seller's charges If the property is already mortgaged at the date of grant of the option agreement, there is a risk that the mortgagee may overreach the option by exercising its power of sale. Therefore ensure that the mortgagee either: • joins into the agreement (this is rare in practice), or • provides written consent to the granting of the option In either case, the mortgagee should confirm that if the buyer exercises the option it will acquire the property free from the charge or, if the mortgagee...
DPA suitability checklist Court's oversight of the interests of justice and fairness, reasonableness and proportionality The UK deferred prosecution agreement (DPA) regime provides for judicial oversight of DPAs. After negotiations as to the terms of a DPA have commenced and before it has been concluded, the court must determine: • whether it is likely to be in the interests of justice, and • that its proposed terms are fair, reasonable and proportionate Therefore, each factor must be supported by clear and persuasive proof in order to seek to persuade the court to approve the DPA. The declarations given under Schedule 17 Part 1, para 8 to the Crime and Courts Act 2013 (CCA 2013) to date provide insight into the court's approach as to when a DPA is suitable and this has, in turn, fed into the prosecutor's approach (see Practice Note: The SFO's approach to Deferred Prosecution Agreements (DPAs) [Archived]). For detailed information on DPAs in general, the process followed by the court when considering whether to...
Discover our 58 Checklists on Costs
Is traditional procurement the appropriate
Personal data breach management—workflow This Flowchart illustrates how to manage a data protection breach under the UK General Data Protection Regulation (UK GDPR). It reflects reporting and recording requirements under the UK GDPR together with data breach management guidance issued by the Information Commissioner's Office (ICO). It maps out a process, providing guidance and links to relevant precedents for each stage of that process. It can also be used for cybersecurity breaches. See Precedents: Personal data breach plan, Data breach report form—internal and Data breach assessment and action plan, which guide you through each stage of this workflow. Note 1—assemble data breach team The first step is to assemble your data breach team. Consider who within the organisation would be best placed to react swiftly to the breach and who should be involved with the subsequent investigation. This will often involve input from specialists across the business such as IT, HR and compliance/legal and, in some cases, contact with external stakeholders and suppliers. Precedent: Personal data breach plan encourages...
Discover our 3 Flowcharts on Costs
Produced in association with 4 Pump CourtThis Practice Note looks at the ability of an adjudicator to make provision for one party to bear the legal costs (in whole or in part) of the other party, referred to below as ‘party costs’. It also considers the ability of a party to recover its party costs under the Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998) or as a claim for damages.In relation to an adjudicator’s fees and expenses, see Practice Note: An adjudicator's fees and expenses.In general, the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) (as amended by the Local Democracy, Economic Development and Construction Act 2009 (LDEDCA 2009)) seeks to prevent parties agreeing contractual terms which place all the costs risk on one party.HGCRA 1996, s 108A renders ineffective any agreement by the parties as to liability for party costs subject to a very narrow exception—parties can agree terms which concern the allocation of costs if the agreement is:•in writing, and•reached after the notice of...
This Practice Note looks at costs insurance (sometimes known as legal expense insurance (LEI)), which is the means by which an insured person is protected against the risks of an adverse costs award in litigation. The two main types being before the event insurance (BTE insurance) and after the event insurance (ATE insurance). This Practice Note should be read in association with Practice Note: Recovery of costs insurance premiums.Insurance is a complex area and one subject to regulatory requirements. It is however important to understand these requirements as a failure to comply would allow the court to find that the policy is unenforceable and this in turn will limit costs recovery. See further: Insurance contracts—overview and Regulated activities—overview.LEI policies are regulated by the Insurance Companies (Legal Expenses Insurance) Regulations 1990, SI 1990/1159. LEI insurance will require the payment of a premium for the insurance cover and the cover will be subject to an excess, ie the first £X will not be covered by the insurance and will be payable by...
Discover our 743 Practice Notes on Costs
Consultancy agreement—company and individual—pro-client (short form) [ON HEADED NOTEPAPER OF CLIENT COMPANY] [Insert consultant’s name] [Insert consultant’s address] [Insert date] Dear [insert consultant’s name] [ Consultancy agreement OR Insert name of project ] Further to our recent discussions, I am pleased to confirm the terms of our agreement regarding the provision of your consultancy services to [insert name of client company] (Company). 1 Term 1.1 [Subject to the terms set out in this letter, your engagement [will commence OR commenced] on [insert date] and will continue unless or until either party gives to the other not less than [insert number] [weeks’ OR months’] prior notice in writing. OR 1.2 Your engagement will be for a fixed period of [insert number] months from [insert date], subject to the terms of this letter and subject to the right of either the Company or you to give to the other not less than [number] [weeks’ OR months’] notice in writing during such fixed period terminating the...
Letter responding to request for consent to relief from sanctions [insert name and address of claimant or defendant or claimant's or defendant’s legal representative] [insert date] Dear [insert organisation name] [Claimant v Defendant—Case number] Thank you for your letter of [insert date] requesting that our client consents to an application for relief from sanctions [set out details of the requested relief from sanctions]. [ [We have considered your request but confirm that we are unable to agree to it. [Set out reasons for refusing request] OR [Set out reasons why the requested extension is too long, and make proposal for a shorter extension]] OR We have considered your request and are
Dive into our 725 Precedents related to Costs
Is a Part 20 defendant normally required to complete a directions questionnaire ‘DQ’ (Form N181), does this answer change if the claim would be fast track, but the Part 20 claim multi-track? If the notice of allocation sent to the claimant does not require budgets, disclosure discussion report etc, can you ignore and propose standard directions? Also, outside the disclosure pilot, can one use standard disclosure? In this Q&A, the defendant’s Part 20 claim is a counterclaim that has been made against a person other than the claimant under CPR 20.5. Is a Part 20 defendant required to file a directions questionnaire? CPR 20 deals with counterclaims and other additional claims by the defendant. CPR 20.3(2) sets out which of the Civil Procedure Rules do not apply to additional claims (which, as defined in CPR 20.2(2) includes counterclaims). Included in the rules that do not apply to additional claims is CPR 26, which sets out the requirement for the parties to file a directions questionnaire (DQ)....
Can a party restricted by CPR 3.14 still make a claim for costs up to the date of the Costs CMC? The short answer is that a party cannot make a claim for costs up to the date of the CMC. Purpose of CPR 3.14 The purpose of the provision in CPR 3.14 is for it to act as a sanction such that if a party fails to provide a costs budget, as provided for by the CPR provisions, it will be unable to recover any of the costs expended in pursuit of the litigation other than the court costs. Given the draconian sanction, the court does have the ability to make another order; this is provided for at the start of the provision in CPR 3.14. If the costs have only recently been restricted, you may be able to take steps to seek to set aside or overturn that decision. You may, also or alternatively seek relief from sanctions under CPR 3.9. The provisions in relation to...
See the 38 Q&As about Costs
A round-up of the latest environmental enforcement, including civil penalties issued to two farmers for unauthorized river engineering works in Scotland, and the prosecution of a man for operating an illegal waste site in Lincolnshire.
A round-up of the latest health and safety prosecutions, including a school trust and gardening services provider prosecuted after a member of the public was seriously injured by a falling tree branch.
Read the latest 190 News articles on Costs
**Trials are provided to all ³ÉÈËÓ°Òô content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these ³ÉÈËÓ°Òô services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
0330 161 1234