Tag Archive for 'costs'

“I could be a lawyer with stratagems and ruses”*

By NL on 29/01/2012. 0 Comments

Wasted costs orders are scary things. There is the censure by the Court, of course, but worst of all, the solicitors then have to pay and, no matter how much or how little, that rips shreds out of the very essence of their being.

Threats to pursue wasted costs tend to be waved around rather too often by some solicitors, perhaps overly convinced of their own rightness. Usually what is at issue is actually a valid point of dispute. Personally, I think these threats tend to backfire, at least if the recipient is reasonably sure that an application would fail. Nothing shrieks of a lack of strength in a position … Read the full post

Posted in FLW case note, Housing law - All and Possession. Tags: , .

Adams v LGO

By FT on 21/12/2011. 4 Comments

I need to make the obvious pun about the Adams family but the monsters in this particular case were really played collectively by Lambeth. The case is R on the application of Janet Adams v The Commission for Local Administration for England. This is essentially a very negative decision on costs in which Pierce Glynn got little or no thanks by way of remuneration for a lengthy battle on behalf of the Adams sisters for suitable accommodation. Janet and Joan Adams are two sisters who have various and significant health problems. Janet is Joan’s primary carer. Neither are able to work and they live on a very restricted income.

Pierce … Read the full post

Posted in FLW case note, Housing law - All and Various (non-housing). Tags: , , .

Never Mind the Boxall

By NL on 31/07/2011. 0 Comments

Bahta & Ors, R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWCA Civ 895

This is not a housing case, but it is an important case on costs in settled claims for judicial review, which is a major issue for many housing practitioners.

The Court of Appeal considered five joined appeals in immigration judicial review claims all on the issue of costs following consent orders. In each case, no order as to costs was made. The issue was whether a) the Judges had correctly interpreted R (Boxall) v Waltham Forest LBC 21 December 2000 (2001) 4 CCL Rep 258 and b) whether … Read the full post

Posted in FLW case note and Housing law - All. Tags: , .

Judicial review costs redux

By NL on 17/05/2011. 2 Comments

We’ve seen reports of a case called R (Ambrose) v City of Westminster (Admin Court 13 May 2011. Not on Bailii or reported elsewhere so far). It was a judicial review of a refusal to provide interim accommodation pending review. Westminster had apparently decided that because they had arranged housing in Hackney, it was for Hackney to carry out an assessment under s.17 Children Act 1989, rather than refer the applicant and child to its own social services department, although the child remained in school in Westminster.

An interim order to provide accommodation pending judicial review was obtained and unsuccessfully challenged by Westminster. Westminster eventually carried out a Children Act … Read the full post

Posted in FLW case note, Homeless and Housing law - All. Tags: , , .

Service charges and legal costs: am I missing something?

By J on 06/05/2011. 9 Comments

Forgive me for what may turn out to be a silly question, but this is something I’ve been thinking about recently and wanted to see what everyone else thought.

Leasehold property and legal costs

A well-drafted lease will usually contain a provision requiring the tenant to pay the landlords legal costs in the event that the landlord has to take action regarding a breach of covenant (e.g. failure to pay service charges). There is, as you might imagine, considerable scope for individual variation from lease to lease (e.g. does the right to costs arise only if the landlord ? Can the costs be billed personally or via the … Read the full post

Posted in Housing law - All and Leasehold and shared ownership. Tags: , , , .

Permission and costs

By J on 26/04/2011. 0 Comments

Cockett v Moore [2011] EWCA Civ 493 (Casetrack only; noted on the GC Bulletin).

The Court of Appeal has refused permission to appeal in this costs dispute. Mr Moore was the tenant of Ms Cockett in a one bed flat. There appear to have been a series of tenancy agreements and, at times, a romantic relationship. The claim was for possession and alleged arrears of rent. The proceedings were defended (with a counterclaim) on a variety of grounds, including alleged beneficial ownership by Mr Moore.

A possession order was subsequently made (and was never challenged). The rent arrears claim was adjourned for about 6 months. Shortly before the claim came … Read the full post

Posted in FLW case note, Housing law - All and Possession. Tags: .

Now that’s gotta hurt

By J on 16/04/2011. 0 Comments

Just a short note on Leeds cc v Price (LSC intervening) [2011] EWHC 849 (QB) because it isn’t a housing case at all. It’s the costs fall-out from Price v Leeds CC [2006] UKHL 10; [2006] 2 A.C. 465 (the other case with Kay v LB Lambeth). You’ll remember that Leeds won.

After the case, Leeds got a certificate from the Clerk and Taxing Officer of the Judicial Office of the House of Lords for a costs order in the sum of £84,138.94. They then successfully applied to register that certificate as an order of the High Court, with the result (Leeds said) that the LSC should pay up. … Read the full post

Posted in FLW case note, Housing law - All and Possession. Tags: .
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