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

Regulated by ILEX:
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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 two part CPDcast series aims to give the listener an overview of the rules relevant to the conduct of parties when considering what order for costs should be made. It will set out the rules and consider some relevant authorities on the topic.

In Part One David gives an overview of the relevant costs rules before considering some of the relevant case law on the topic including: Phonographic Performance Ltd v AEI Rediffusion Music [1999], Universal Cycles v Grangebriar [2000], Re Elgindata [1992], Yvonne Hazel Painting v University of Oxford [2005], Carver v BAA Pls [2008], Gibbon v Manchester City Council [2010] and Aaron v Shelton [2004].

In Part Two David considers the following relevant authorities on the topic of when conduct is relevant to costs: Lahey v Pirelli Tyre [2007], Drew v Whitbread [2010], John Morton v Portal Limited [2010], Martine Widlake v BAA Limited [2009], Straker v Tudor Rose [2007] and Walsh v Singh [2011]. David also gives some general guidance to claimants and defendants when faced with the issue of conduct and costs.

Outcomes:
After completing the course you will:
  • Be aware of the costs rules;
  • Understand the court’s discretion as to whether costs are payable and the amount of costs to be paid;
  • Understand the factors to be taken into account in deciding the amount of costs;
  • Understand how conduct will be relevant to costs;
  • Have an understanding of the case history on the issue and be aware of some of the recent relevant authorities.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Supreme Court Act 1981;
  • Civil Procedure Rules;
  • Drew Whitbread [2010] EWCA Civ 53;
  • John Morton v Portal Limited [2010] EWHC 1804 (QB);
  • Joseph Aaron v Michael Shelton [2004] EWHC 1162 (QB);
  • Joseph Lahey v Pirelli Tyres Limited [2007] EWCA Civ 91;
  • Lisa Carver v BAA Plc [2008] EWCA Civ 412;
  • Martine Widlake v BAA Limited [2009] EWCA Civ 1256;
  • Phonographic Performance Ltd v AEI Rediffusion Music Ltd [1999] EWCA Civ 834;
  • Re Elgindata (No 2) [1992] 1 WLR 1207;
  • Skuse v Granada Television Ltd [1994] 1 W.L.R. 1156;
  • Straker v Tudor Rose (a firm) [2007] EWCA Civ 368;
  • Susan Gibbon v Manchester City Council [2010] EWCA Civ 726;
  • Universal Cycles Plc v Grangebriar Limited [2000] WL 439;
  • Walsh v Singh [2011] EWCA Civ 80;
  • Yvonne Hazel Painting v University of Oxford [2005] EWCA Civ 161.
Tags:

In this two part CPDcast series David Abraham of Barlow, Lyde & Gilbert LLP discusses when conduct will be relevant to costs. David will give an overview of the rules relevant to the conduct of parties when considering what order for costs should be made.

Podcast added: 03/03/11

Podcast last reviewed: 2012-03-22

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