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England and Wales Case Law

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Civil procedure

Hamza Lakhany v Danyaal Hasan

The claimant's conduct, including failure to provide full and frank disclosure, delay in making the application, and not informing the court of material facts, was out of the norm and justifies an order for indemnity costs.

  • Costs
  • Indemnity costs
  • Without notice applications
  • Full and frank disclosure
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Crime

R v Bignell

Costs appeal dismissed: the court held the defendant’s case never began as a trial in a meaningful sense, so only the cracked trial fee was payable.

  • Criminal legal aid remuneration
  • Graduated fee scheme
  • Cracked trial fee vs trial fee
  • Whether trial had begun in a meaningful sense
  • Case management and plea negotiations
  • Criminal-legal-aid
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Costs

R v Wandel

Costs appeal on LGFS offence classification for a section 4A stalking case was dismissed; the court held the offence remained a Class H matter.

  • Lgfs offence classification
  • Schedule 2 criminal legal aid (remuneration) regulations 2013
  • Stalking and harassment
  • Reclassification from class h
  • Crown court fees
  • Criminal-legal-aid
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Immigration

Ahmed Sabbagh-Parry, R (on the application of) v Secretary of State for the Home Office & Anor

Permission to apply for judicial review was refused because the claim against the Home Office was premature, no final deportation decision had been made, and alternative remedies existed. The claims against the Secretary of State for Justice regarding prison categorisation and HDC were lawfully based on ongoing deportation proceedings, with no exceptional circumstances established. No arguable merit was found in any grounds, so extension of time and interim relief were also refused.

  • Deportation
  • Statelessness
  • Article 8 echr
  • Prisoner categorisation
  • Home detention curfew
  • Extension of time
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Civil procedure

Motor Insurers’ Bureau v Raphael De Lima Santiago

The High Court upheld an award of £794.40 for interpreter services, holding that no breakdown of the invoice was required and the fee was reasonably assessed.

  • Recoverability of interpreter fees
  • Disbursements under fixed costs regime
  • Assessment of costs
  • Costs
  • Disbursements
  • Fixed-costs
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Contract law

M5 Associates Limited v Simon Nevill Wetton & Anor

Claimant entitled to costs up to and including default judgment on standard basis; claimant to pay Mr Watkins' costs up to and including first hearing on standard basis; Mr Watkins to pay costs of second disclosure application and redetermination relating to him on standard basis due to disclosure failures and inaccurate evidence, but not on indemnity basis as no dishonesty found; no change to interest rate or period absent appeal or timely application to set aside.

  • Costs
  • Guarantee
  • Fraud
  • Negligence
  • Disclosure
  • Interest
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Civil procedure

Gable Insurance AG (Incorporated in Liechtenstein) (In Liquidation) v William Dewsall & Ors

Costs orders must reflect both the outcome of the trial and the conduct of the parties in interim applications. Where a party is successful at trial, they are generally entitled to their costs unless conduct justifies a reduction. Indemnity costs are justified only where conduct is outside the norm. For interim applications, costs may be reserved to trial and determined in light of the overall outcome and conduct. Where interim relief is obtained but the claim fails, or vice versa, the court must balance justice and proportionality in allocating costs, including reductions for partial success…

  • Costs
  • Freezing orders
  • Search orders
  • Disclosure
  • Contempt of court
  • Indemnity costs
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About this LexChat collection

England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.