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ADR Update

Claire Winn
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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...

DSN v Blackpool Football Club - Indemnity costs for failing to engage in ADR

Nicholas Lee
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In the matter of DSV v Blackpool Football Club Mr Justice Griffiths awarded the Claimant indemnity costs for a period commencing a year before they beat their Part 36 offer, due to the Defendant’s failure to engage in ADR.

Payment on account of quantum costs without an authority for costs

Nicholas Lee
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In RXK v Hampshire Hospitals NHS Foundation Trust [2019], Master Cook explained the factors the Court will consider when considering an interim payment on account of costs when quantification of damages is not possible for a considerable length of time.

Iwuanyawu v Ratcliffes Solicitors

Megan Roxburgh
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In Iwuanyawu v Ratcliffes Solicitors [2020] EWHC B25 (Costs), Master Gordon-Saker found in favour of the Claimant (the client) in a solicitor client dispute regarding the right to have the Defendant’s (the solicitor) bills assessed.

Underspending in a phase does not lead to an assessment of costs - Utting v City College Norwich [2020] EWHC B20 (Costs)

Mark Holloway
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Underspending in a phase should not open that phase to a full detailed assessment of the costs therein. Background The claimant valued their claim in the region of £1.85 million. The claim proceeded until 20 days before trial at which point it...

Good Reason to Depart

Mark Holloway
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A practice note detailing the case law and providing practical advice on good reasons to depart from a costs budget.

Good Reason is a High Hurdle - Chapman v Norfolk and Norwich University Hospitals NHS Foundation Trust [2020]

Mark Holloway
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Underspending in a phase, or not completing a phase, should not open that phase to a full detailed assessment of the costs therein. The figure allowed is for the parties to spend as they see fit.

It is possible to escape fixed costs, if parties contract out by agreement (Turner v Cole)

Mark Holloway
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It is possible to escape fixed costs, if parties contract out by agreement (Turner v Cole). To read the full article click here . (This article was first published by Lexis®PSL on 14/02/2020)...

Ivanoy -v- Lubble The recovery of the Court Fee after failing to obtain the Court fee remission

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In the matter of Ivanoy v Lubble (Central London County Court 17th January 2020) HHJ Lethem considered whether the Claimant, who was eligible for a Court fee remission, could recover the cost of Court fees from the Defendant after failing to obtain that...

Bates & Ors v Post Office Ltd (No.5 : Common Issues Costs) Payment on account during an action

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In the matter of Bates & Ors v Post Office Ltd (No.5 : Common Issues Costs) Mr Justice Fraser considered the correct approach when making an order for costs and provided guidance on the amount and whether there should be a Detailed Assessment at that stage.

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