Stephen Warne on professional negligence, regulation and discipline around the world

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Entries Tagged as 'Party party costs'

The Civil Procedure Act’s overarching obligation to keep costs proportionate

April 20th, 2017 · No Comments

The Civil Procedure Act 2010 applies to proceedings in the Magistrates’ Court, County Court, and Supreme Court but not federal courts or VCAT. Its overarching purpose is to ‘facilitate the just, efficient, timely and costs effective resolution of the real issues in dispute’: s. 7.

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Tags: Civil Procedure Act 2010 (Vic) · civil-disciplinary interplay · Discipline · Ethics · litigation ethics · Party party costs · pro bono · Professional fees and disbursements · Proportionality · Wasted costs

The latest on pro bono costs agreements which preserve the possibility of a costs order against the other side

March 8th, 2017 · No Comments

For far too long, the law was unclear about whether costs agreements which said ‘We’ll only charge you if you win and only for work in respect of which we get a costs order’ actually worked.  The problem was that losing parties invoked the indemnity principle in the law of costs, arguing that what was […]

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Tags: Costs agreements · Indemnity principle · No win no fee · Party party costs · Professional fees and disbursements

The extended duration of the un-renewed practising certificate

October 8th, 2015 · No Comments

Under the Legal Profession Act 2004, if a lawyer applied for renewal of their practising certificate prior to the expiry of the old one, but a decision was not made before the old one runs out, the certificate is extended until either it is renewed or a decision to refuse renewal is finally determined by […]

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Tags: Civil Procedure Act 2010 (Vic) · Civil Procedure Acts · Ethics · Legal Profession Act · litigation ethics · Non-party costs orders · Party party costs · Practising certificates · Professional regulation · Proportionality · regulators' duties

Unqualified costs consultants

November 10th, 2014 · No Comments

There has been another challenge to the legality of the work done by non-lawyer costs consultants.  It did not go anywhere because of deficiencies in the way the client (himself a lawyer) went about trying to prove in the Magistrates’ Court that the costs consultant in question (a struck off lawyer) had engaged in unqualified […]

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Tags: National Profession Uniform Law · Party party costs · Practising certificates · Professional fees and disbursements · Solicitor client bills of costs · Taxations · Unqualified practice

Executrixes’ denial of deceased’s alcoholism without any proper factual foundation results in indemnity costs order

October 15th, 2014 · 4 Comments

Hartnett v Taylor [2014] VSC 501 was a Part IV claim for testators’ family maintenance.  The defendant executrixes said that the plaintiffs’ conduct led to estrangement from the deceased and to the deceased’s alcoholism.  The plaintiffs said that the deceased’s alcoholism led to their estrangement, and that is what Sifris J found.  The defendant executrixes’ […]

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Tags: Alleging fraud & misconduct · Civil Procedure Acts · Ethics · litigation ethics · Party party costs

What does an indemnity costs order actually get you?

October 7th, 2014 · No Comments

On 3 October 2014, Besanko J decided in Bob Jane Corporation Pty Ltd v ACN 149 801 141 Pty Ltd [2014] FCA 1066 that an order of a fellow judge that one party pay the other’s costs on an indemnity basis, which did not specify that the costs were to be assessed by reference to the […]

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Tags: Costs agreements · Party party costs · Professional fees and disbursements

Director ordered to pay company’s £35M and counting costs liability

July 25th, 2014 · No Comments

Updated post, 1 March 2016: Decision upheld by UK Court of Appeal: [2016] EWCA Civ 23.  A note of the appeal decision is here. It reveals that Mr Vik’s costs liability is about £50 million. Ouch. Original post: Deutsche Bank AG v Sebastian Holdings Incorporated [2014] EWHC 2073 (Comm) is big.  Deutsche Bank sued a company in the […]

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Tags: Non-party costs orders · Party party costs

Costs of a solicitor’s negligence claim which bombed only on causation; costs of the successful solicitor’s unsuccessful proportionate liability defence

July 23rd, 2014 · No Comments

In King v Benecke [2014] NSWSC 957, Mr King alleged that his solicitor was negligent.  The solicitor denied everything and lost on all but one issue, namely causation, with the result that the solicitor got judgment and Mr King only Pyrrhic victories. Mr King argued he should not have to pay all of the solicitor’s costs.  Rather, he argued, […]

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Tags: "professional negligence" · Causation · Negligence · Party party costs

Costs in settlements of claims by persons under disability

July 15th, 2014 · No Comments

Associate Justice Lansdowne has released for publication an edited transcript of reasons her Honour gave in Chan v Falls Creek Alpine Resort Management Board for not approving a proposed compromise of the claim of a person under a disability. The citation for the decision is  [2014] VSC 314.  ‘Disability’ in this sense is a term of […]

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Tags: conflicts · duty and interest · Ethics · Party party costs

Efficacity of lawyers’ retainers effected by written instructions procured by crash n bash agents

June 6th, 2014 · 1 Comment

The Local Court of NSW has released for publication a considered decision about costs in what it treated as a test case, Foot v Burrett [2013] NSWLC 26.  A man’s car was damaged.  It was taken to panel beaters in Marrickville.  He there signed a document in order to get use of a replacement car while […]

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Tags: Indemnity principle · Party party costs · Retainers