- Cited — Helen Timson, R (on the application of) v The Secretary of State for Work and Pensions 2023-06-09
“…[2011] EWCA Civ 790, [2011] CP Rep 41, at [62], bear repeating:…”
- Cited — Ho v Adelekun 2020-04-09
“…n the respondent accepted the offer contained in the appellant’s solicitors’ letter of 19 April 2017. Mr Roy further referred us to Fox v Foundation Piling Ltd [2011] EWCA Civ 790, [2011] 6 Costs LR 961, where Jackson LJ noted in paragraph 62 “a growing and unwelcome tendency … to depart from the starting point set out in rule 44.3(2)(a)…”
- Cited — Bishop & Anor v Transport for London 2019-04-05
“…judgment of Ward L.J. in Day v Day and that of Longmore L.J. in A.L. Barnes v Time Talk (UK), as well as Jackson L.J.’s caution in Fox v Foundation Piling Ltd. [2011] EWCA Civ 790 against the tendency for first instance courts to depart from the general rule in CPR Part 44 that the unsuccessful party will be ordered to pay the costs of t…”
- Cited — Tuson v Murphy 2018-06-22
“…ant will pay the defendant’s costs incurred in respect of the fraudulent or dishonest aspects of the case on an indemnity basis. In Fox v Foundation Piling Ltd [2011] EWCA Civ 790 the Court of Appeal correctly accepted at para 45 that the parties were entitled to make a Calderbank offer outside the framework of Part 36. The precise formu…”
- Cited — Sirketi v Kupeli & Ors 2018-05-31
“…Also worthy of note is the observation of Jackson LJ in Fox v Foundation Piling Limited [2011] EWCA Civ 790 (a case to which Whipple J referred in her costs judgment), at [62], which chimes with the view expressed in Cook on Costs:…”
- Cited — Constandas v Lysandrou & Ors 2018-03-27
“… and the manner in which a party has defended the case. Mr Jacobs also drew our attention to the well-known dictum of Jackson LJ in Fox v Foundation Piling Ltd [2011] EWCA Civ 790, [2011] C.P. Rep. 41, at [62] referring to the “growing and unwelcome tendency” of first instance courts to depart from the general rule that costs should foll…”