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Claire Kretzmann
 

Litigation Funding in Divorce Proceedings

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The matter of Simon v Simon & Anor [2023] EWCA Civ 1048 concerns a Court of Appeal decision regarding the function of a litigation loan provider in divorce proceedings.

Further QOCS guidance for "Mixed Claims"

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The matter of Afriyie v Commissioner of Police for the City of London (Re Costs) [2023] EWHC 1974 (KB) concerned a claim for assault, battery and misfeasance in public office. The Defendant’s officers had tasered the Claimant, causing him to fall to the ground and hit his head.

Costs Budgeting

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Costs Budgeting; the balancing act between the proportionality of a budget and the reasonableness of its constituent parts Two notable decisions on costs budgeting have recently been provided by the Courts. The first of these matters is Associated...

Mathieu v Hinds & Aviva: 60% Reduction in the Claimant's Costs

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Mathieu v Hinds & Aviva: 60% Reduction in the Claimant’s Costs due to Failure to Beat a Calderbank Offer Mathieu v Hunds & Aviva [2022] EWHC 1624 (QB) Background The matter involved a personal injury claim for damages, arising out of a...

A Word of Warning to all Expert Witnesses

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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 2021) concerned a dental negligence claim. Dr Chris Mercier was instructed...

The General Rule that Costs Follow the Event.

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Recovery of Only a Fraction of the Pleaded Damages is Not Sufficient to Depart from this Principle

Hourly Rates; the Latest Development

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Background All practising litigators will be aware that, in recent months, the landscape with regards to guideline hourly rates has been evolving. The first development of note is the matter of Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019]...

Costs Budgeting: Further Changes effective from 1 October 2020

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Further changes are underway in relation to CPR Part 3 regarding costs management and the relevant practice direction, CPR PD3E, effective from 1 October 2020. The practice direction has effectively undergone a complete re-write and some important additions...

Wasted Costs and Jurisdiction: the necessity of steps taken is not sufficient to avoid wasted costs

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The matter of Jovicic & Others v The Serbian Orthodox Church – Serbian Patriarchy v Kesar & Co [2020] EWHC 2229 (QB) involved a handful of claims for abuse by members of the clergy who belonged to the Serbian Orthodox Church. Each Claimant...

ADR Update

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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 any party that has unreasonably refused to engage in ADR. There have been a...

Can CPR 44.11 be utilised to reduce the level of costs allowed on assessment?

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In the matter of Andrews v Retro Computers Ltd [2019] EWHC B2 (Costs) Deputy Master Friston provided guidance on the application of CPR 44.11(1)(b) and the Court’s power to disallow costs on the basis of unreasonable or improper conduct. Overview ...