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Simon Gore Consulting Ltd
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This webinar is useful for -
Financial remedy family lawyers
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)  EWFC 28
2. JB v DB  EWHC 2301 (Fam)
3. OG v AG  EWFC 52
4. MB v EB (No 2)  EWHC 3676 (Fam);  1 FLR 1086
5. Daga v Bangur  EWFC 91;  1 FLR 1340
6. WG v HG  EWFC 84;  2 FCR 124, FC
7. ABX v SBX  EWFC 81
Plus maybe TT v CDS (Rev 1)  EWCA Civ 1215 (on whether litigation conduct can be relevant under s 25(2)(g)).”
Trends in Cost Awards and Sanctions in Family Cases
Webinar - Tuesday 27th April, 12.30 - 1.30pm
Nicholas Chapman, 29 Bedford Row
Philip Tait, 29 Bedford Row
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Payment can be either by bacs (details printed on the invoice or call with a credit card and your invoice number)
Follow up emails will be sent with notes/slides before the event and then a final email to access the event recording.
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