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Have not named all the Defendant's in your CFA- not a problem

Janina Muromceva
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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...

No escape from alleged fundamental dishonesty

Janina Muromceva
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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...

Percentage based costs order applied to a partly successful claim

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The decision handed down in Various Claimants v Wm Morrisons Supermarket PLC [2017] EWHC 3113 (QB) is a relevant decision to determine when an employer will be liable for any data protection breaches caused by a fraudulent employee. As the GDPR compliance...

Costs payable by Children & Protected Parties (as defined under CPR 21)

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I have been asked by a client about the post Jackson entitlement to and procedure for recovering costs from a protected party as defined under Part 21 of the CPR. There has been a fair amount of case law and conversation around this in relation to success...

Protecting solicitors when the client settles direct

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On 19 April 2018, the Supreme Court handed down the much-anticipated judgment in Gavin Edmondson Solicitors Limited v Haven Insurance Company Limited , concerning the recoverability of costs where the claimant reaches a direct settlement with an...

Consequences of QOCs provisions under CPR 44.16(2)(B)

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The Judgment handed down by the High Court in Siddiqui v University of Oxford [2018] EWHC 184, concluded that an extent of the claim being pursued was not in relation to a personal injury claim but instead a ‘pure financial loss’ claim based...

Switching from Legal Aid to CFA

Nicholas Lee
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Surrey v Barnet and Chase Farm Hospitals NHS Trust [2018] EWCA Civ 451 The Issues The issues raised on these three appeals from Mr Justice Fosket (sitting with Senior Costs Judge Gordon-Saker as assessor)  was the reasonableness of changing...

No relief from sanctions for a failure to serve a notice of funding

Rebecca Franks
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The Court of Appeal dismissed the appeal against the Order of Deputy District Judge Elmer refusing the Claimant's application for relief from sanction in respect of a failure to serve a notice of funding, in the case of Neville Springer (personal...

Sharp v Blank - Significant Developments?

Nicholas Lee
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Sharp v Blank & Ors [2017] EWHC 3390 (ch) Chief Master Marsh was considering an application by the Defendants to revise a costs budget on the basis that there had been “significant developments”. This was a significant and complex piece...

Does a reduction in hourly rates in relation to incurred costs, justify a good reason to depart from budgeted costs on assessment? Not in this case.

Lucy Baldwin
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The recent decision of Nash v Ministry of Defence [2018] EWHC B4 (Costs) addresses the question of whether a reduction to hourly rates for incurred costs at detailed assessment constitutes good reason for budgeted costs to be reduced. This is the second...

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