Lord Justice Patten and Lord Justice Hamblen sitting at the Court of Appeal in the case of Malone v Birmingham Community NHS Trust [2018] EWCA Civ 1376 found that the Claimant was not limited to recover costs for proceedings brought against the only...
Mrs Justice Yip in Alpha Insurance A/S v Roche & Anor [2018] EWHC 1342 (QB) found that a notice of discontinuance should have been set aside to allow a claim of fundamental dishonesty to be heard. Background to the claim The main action related to...
Lord Justice David Richards in Khaira and others v Shergill and others [2017] EWCA Civ 1687 was tasked with making a ruling on whether a party who was awarded costs of an interlocutory appeal could seek an immediate assessment of those costs without Court...
Another week and another judgment on a “proper” application of Part 36 provisions. This time in the case of Gemma Ballard v Sussex Partnership NHS Foundation Trust [2018] EWHC 370 (QB) Mr Justice Foskett sitting in the High Court was asked to...
The provisions on Qualified One- Way Costs Shifting (QOCS) were introduced in 2013 and the concept of this regime is to protect unsuccessful claimants from paying costs incurred by successful defendants without the need to take out expensive ATE insurance...
Rules on Part 36 settlement offers have been completely rewritten in 2015. The change was prompted by the significant amount of case law where Courts were requested to clarify the application of the rules contained within CPR 36. It would appear that for...
In the case of Dial Partners LLP & Dial House Consultants LTD v Eastern Airways International Limited & Others Master James was required to resolve an issue arising from the change in funding arrangement which resulted in a significant increase in...
It is not uncommon for the Claimant to sue multiple Defendants but how common and indeed is it possible for the Claimant to recover their costs of the whole action and avoid paying costs of the Defendants' against whom the Claimant's case was...
How enforceable is your pre 1 April 2013 CFA? No doubt there was a significant amount of solicitors who rushed to sign their Client’s to CFA/CCFA before the implementation of LASPO in April 2013. The main reason for the rush was to...
Many clinical negligence litigators may have breathed a sigh of relief following the Department of Health’s consultation released on 30 January 2017 that fixed costs in clinical negligence claims should only be introduced for claims where damages do...
It is no longer a surprise that each April brings further updates to the CPR. In fact the most recent update takes the total number of updates over the years to a respectable 83. I wonder, in light of ongoing and proposed changes to the legal system and...
The entitlement to statutory interest on costs in High Court arises from Section 17(1) of the Judgements Act 1838 which provides that every judgment debt will carry interest at a rate prescribed by rules of Court until such time as the debt is paid. Section...
Are you still confused or not sure whether a retrospective success fee can be recovered? The issue of recoverability of the retrospective success fee was first addressed some time ago in the case of K ing v Telegraph Group Ltd [2005] EWHC 90015 (Costs) (2...
