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Mark Holloway
 

Indemnity costs, exceeding Costs Budgets, beating Part 36 offers and the importance of evidencing offers

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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 Part 36 offer at trial, the trial Judge, amongst other things,...

Proportionality and Additional liabilities

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The Jackson reforms in 2013 also brought a new proportionality test and, as predicted by many costs experts at the time, we still don't have a clear understanding of how it may be interpreted. It remains a test which is primarily subjective and so of...

QOCS Continue to Apply on Appeal

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Since the Jackson reforms, over 3 years ago, Qualified One-way Costs Shifting (QOCS) has been in force. The point of QOCS is that, apart from a few exceptions, Claimants if successful are able to recover costs from the Defendant, however if the Defendant...

Leaving the portal and the impact on costs

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With the premise of fixed costs looming for a large proportion of the legal profession there may be a temptation for the Claimant to exit the relevant portal in order to increase the recoverable costs. However the following reported cases will demonstrate...