Podcast Location:
Download it here [file size: 24.2 MB]
Categories:
Costs & Funding
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This mini-series aims to explore the possibility of obtaining a cost order that reflects the various ups and downs, successes and losses throughout the litigation. Part 1 focused on the leading authorities that practitioners should be familiar with which set out the principles to be applied when awarding costs. Part 2 explores and applies those principles in more detail, specifically looking how to identify the overall winner of the litigation, the circumstances tests by which an overall winner might not get his costs and the key differences between an issues based approach to costs and an issues based cost order.

Outcomes:
After completing the course you will:
  • Know a party can determine whether they are the overall winner of the litigation;
  • Know the relevant tests by which the overall winner might not get his costs – or may be ordered to pay the other side’s costs;
  • Understand more about the factors to which the court must have regard when considering whether to adopt an issues based approach;
  • Understand the importance of the distinction between an issues based approach to costs and an issues based order for costs.
Level:
Complex Difficulty: 4 of 5
Classification:
Legal Principles
Practical Guide
Sources and References:
  • CPR 44.3;
  • HLB Kidsons (a firm) v Lloyds Underwriters (Policy No 621/PKID00101) & Ors [2007] EWHC 2699 (Comm);
  • J Murphy & Sons Ltd v Johnston Precast Ltd (Formerly Johnston Pipes Ltd) [No 2 Costs] [2008] EWHC 3104 (TCC);
  • Summit Property Ltd v Pitmans (a firm) [2001] EWCA Civ 2020;
  • Johnsey Estates (1990) Ltd v Secretary Of State For Environment [2001] EWCA Civ 535;
  • Antonelli v Allen and another - [2000] All ER (D) 2570.
Tags:

In this podcast mini-series specialist costs barrister Martin Farber explores at what has become known as an ‘issues based approach to costs’. Practitioners will be aware of the general rule that costs follow the event and the loser is generally ordered to pay the winner’s costs - in other words, the winner takes all. As litigation has become more complex, it is more common for there to be a mixed picture at the end of proceedings as to who has won overall, with both parties winning and losing on elements of their respective cases throughout the litigation.

Podcast added: 14/05/12

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