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Simon Gore Consulting Ltd

8 Upper Street, Oakley, Diss, IP21 4AX


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This webinar is useful for -

Financial remedy family lawyers


Agenda

     

Nicholas and Philip will talk about (i) the current trend in favour of making cost orders, including in needs cases, where a party has failed openly to negotiate reasonably and responsibly and (ii) the proper approach to a party’s outstanding costs in a needs case, which the Court of Appeal is considering in May. These issues are related (eg many of the same factors that may found a successful application for costs also determine the extent to which a party will receive additional capital for outstanding costs in a needs case).


The main practical point is that open offers are an increasingly important tactical consideration, both defensively and to put pressure on the other side.

 

The following recent cases are relevant (in addition to general consideration of PD28A para 4.4 and the changes to Part 9 last year (open offers and costs estimates) and perhaps some contextual discussion re Calderbank consultation that led to the changes to Part 9)

:

1.           LM v DM (Costs Ruling) [2021] EWFC 28

2.           JB v DB [2020] EWHC 2301 (Fam)

3.           OG v AG [2020] EWFC 52

4.           MB v EB (No 2) [2019] EWHC 3676 (Fam); [2020] 1 FLR 1086

5.           Daga v Bangur [2018] EWFC 91; [2019] 1 FLR 1340

6.           WG v HG [2018] EWFC 84; [2019] 2 FCR 124, FC

7.           ABX v SBX [2018] EWFC 81


Plus maybe TT v CDS (Rev 1) [2020] EWCA Civ 1215 (on whether litigation conduct can be relevant under s 25(2)(g)).”

 

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Trends in Cost Awards and Sanctions in Family Cases

Webinar - Tuesday 27th April, 12.30 - 1.30pm

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Presented by

Nicholas Chapman, 29 Bedford Row

Link to online CV

Philip Tait, 29 Bedford Row

Link to online CV

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