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What is Changing on 6 April 2023? Old Rule CPR 44.14(1)- “…orders for costs made against a claimant may be enforced without the permission of the court but only to...
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Mathieu v Hunds & Aviva [2022] EWHC 1624 (QB) Background The matter involved a personal injury claim for damages, arising out of a serious road traffic accident that took place...
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Kelly v Ralli Ltd [2022] EWHC B5 (Costs) Background The Claimant instructed the Defendant in respect of a personal injury claim. That claim concluded in 2019, at which point the...
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Tudor v (1) Dean & GCOL Limited – Detailed Assessment of Costs – Court Strikes Out Defendant’s Points of Dispute & Approves Good Reason to Depart from An Approved Costs...
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I have long held the view that the authorities support the ability to recover interest on a disbursement funding agreement. Of course, this is subject to the Court’s very wide...
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Moran v Smith (Bristol County Court, Deputy District Judge Napier, 17/12/2021) Paragon Costs were instructed on behalf of the Defendant (the receiving party). Unusually, a Provisional Assessment was undertaken in...
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Part 36: A Defendant may invoke the provisions of Part 36 as a Claimant if the offer is clear and there is a genuine counterclaim The Huntsworth Wine Company...
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ABA v University Hospitals Coventry and Warwickshire NHS Trust [2022] EWHC B4 (Costs) Claim Background The Claimant issued a clinical negligence claim on 22 December 2017. Master Cook made...
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The decision in European Real Estate Debt Fund (Cayman) Ltd v Treon & Ors [2021] EWHC 2866 (Ch) is a stark reminder to successful parties that winning does not necessarily...
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Ensure you are Qualified to Comment on the Issues at Hand The matter of Robinson v Liverpool University Hospitals NHS Trust & Dr Mercier (County Court at Liverpool, 9 September...
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In Crompton v Meadowcroft (Costs) – 2021 DDJ Ayers was asked to decide whether fixed costs would apply in a matter which had exited the portal but settled before it...
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A Word of Warning to all Expert Witnesses; Ensure you are Qualified to Comment on the Issues at Hand
The matter of Robinson v Liverpool University Hospitals NHS Trust & Dr Mercier (County Court at Liverpool, 9 September 2021) concerned a dental negligence claim. Dr Chris Mercier was instructed...
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The Claimant’s bill of costs in Milbrooke Construction Ltd v Jones [2021] EWHC B20 (Costs) was reduced by such a significant level that Costs Judge Brown departed from the general...
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In Bhat & Anor v Patel & Anor [2021] EWHC 2960 (Ch) (see judgment here), Mrs Justice Fancourt found that where the claimants had not filed a revised budget, they...
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Ahuja Investments Ltd v Victorygame Ltd & Ors [2021] EWHC 2730 (Ch) The claimant’s claim was dismissed, and judgment awarded in favour of the first defendant’s counterclaim in the sum...
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Barking, Havering & Redbridge University Hospitals NHS Trust v AKC [2021] EWHC 2607 Mrs Justice Steyn DBE, siting with Master Brown, allowed an appeal to a decision of Master Nagalingam...
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Raydens Ltd v Cole [2021] EWHC B14 (Costs) Background The claimant solicitors acted for the defendant in protracted matrimonial proceedings between November 2013 and September 2018. The defendant’s husband...
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The matter of Michael v I E & D Hurford Ltd (t/a Rainbow) [2021] EWHC 2318 (QB) concerned a road traffic collision claim. The Claimant worked as an uber driver...
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Discovery Land Company, LLC & Ors v Axis Specialty Europe SE [2021] EWHC 2146 (Comm) (30 July 2021) Before Peter MacDonald Eggers QC Background The Defendant is an insurer which...
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ATE policy information not obtainable under Part 18 in Solicitors Act assessment (Wayne Raubenheimer v Slater & Gordon UK Ltd) Dispute Resolution analysis: The claimant was refused its application to...
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The matter of Achara Tripipatkul v WH Lawrence Limited [2021] EWHC B13 (Costs) concerned a contentious business agreement which provided for a fixed fee of £250,000 plus VAT and disbursements....
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In two of the cases set out below, the default costs certificate was set aside due to invalid or incomplete service. In the third case, the setting aside of the...
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In the matter of Thompson v NSL Limited [2021] EWHC 679 (QB) Master McCloud considered an application by the Claimant to revise parts of a budget originally approved by a...
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In the matter of Morrow v Shrewsbury RUFC, Mrs Justice Farbey considered whether it would be just for a Claimant who had exaggerated their claim to recover costs after succeeding...
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Solicitor and own client assessments have been on the rise for some time now. The question of whether informed consent has been provided by the client for the solicitor to...
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Recovery of Only a Fraction of the Pleaded Damages is Not Sufficient to Depart from this Principle Background The matter of Global Energy Horizons Corporation v Gray [2021] EWCA Civ...
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Decision No.1 – Pallett v MGN Ltd [2021] EWHC 76 (Ch) (19 January 2021) Background The Claimant brought a claim against the Defendant for infringement of privacy rights by...
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The long awaited Guideline Hourly Rate (GHR) report has now been published by the working group. The main takeaway from this report are the proposed increased hourly rates, which have...
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Nicholas Lee will be presenting an online webinar in association with Bristol Law Society on Wednesday 4 November 2020 at 1pm via Zoom. The webinar will cover recent developments in...
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Oberholster v Little & Anor [2020] EWHC 2635 (QB) (06 October 2020) Background C contracted with D2 (Optical Express) to undertake ophthalmic surgery. The surgery was carried out by D8...
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It has been clear in recent years that the Courts are continually keen to reiterate the importance of Alternative Dispute Resolution and show no reluctance to make an example of...
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Background The Claimant brought a claim against the Defendant for personal injury which was resolved in the sum of just over £286,000.00 at trial. During the course of the case...
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In the recent case of Car Giant Limited -v- the Mayor and Burgesses of the London Borough of Hammersmith [2017] EWHC 464 (TCC) upon the paying party having significantly beaten their own...
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Two High Court decisions towards the end of 2015 have made it clear that parties refusing to mediate during the detailed assessment process will, in all likelihood, suffer sanctions on...
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