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

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Entries Tagged as 'Indemnity principle'

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

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

Is solicitor-director of ILP which acted for him to be treated as self-represented?

June 6th, 2014 · No Comments

A NSW solicitor was partially successful in a defamation suit.  But for the circumstance that he had retained an incorporated legal practice with which he was associated and for part of the time the director and the file handler, the Court was willing to order the defendant to pay his costs on an indemnity basis.  […]

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Tags: Costs agreements · Incorporated legal practices (ILPs) · Indemnity principle · Party party costs · Professional fees and disbursements · Solicitor litigants