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Miscertification and costs budgeting; the importance of ensuring that incurred costs do not breach the indemnity principle

Claire Winn
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The matter of Tucker v Griffiths and Hampshire Hospitals NHS Foundation Trust was recently heard by Master Rowley in the Senior Courts Costs Office. Master Rowley considered preliminary issues which were pivotal to the outcome of the detailed assessment...

Is there a way to "escape" the limit of recoverable costs imposed by a Damages-Based Agreement in between the parties assessment?

Janina Muromceva
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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...

May v Wavell: The proper application of the 'new proportionality test'; but how useful is this judicial guidance?

Richie Rees
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The Appeal Judge has overturned the decision of Master Rowley and increased the Appellants’ recoverable, proportionate costs from £35,000 to £75,000 (plus VAT), following an accepted line-by-line assessment of reasonable costs of...

Clinical Negligence ATE Premiums: Court of Appeal rule that ATE policies can be taken out at the outset

Marc Harris
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Peterborough & Stamford Hospitals NHS Trust v McMenemy; Reynolds v Nottingham University Hospitals NHS Foundation Trust [2017] EWCA Civ 1941 Summary The Court of Appeal held that it was reasonable for ATE policies to be taken out in clinical...

Costs of the Assessment: £1,500 cap continues to apply where you beat your own Part 36 offer

Marc Harris
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W Portsmouth and Company Ltd v Lowin (Daughter and Executrix of the Estate of Lowin, Deceased) [2017] EWCA Civ 2172 Summary The Court of Appeal have ruled that the £1,500 cap imposed under CPR 47.15(5) continues to apply even where a party...

Court of Protection Rules 2017

Rebecca Franks
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The Court of Protection Rules 2007 have been replaced by the Court of Protection Rules 2017, which came into force on 1 December 2017.   No comprehensive update of the rules has been done since they were first introduced in 2007, with limited...

The new bill of costs IS coming. Are you ready?

Lucy Baldwin
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It has been in the pipeline for years but many practitioners have been firmly of the opinion that the new bill of costs would never become a reality. However the 92 nd update to the CPR will have shattered the illusions of anyone still holding on to that...

Assignment of CFAs confirmed: Policy and intention trump technicality for the Court of Appeal

Richie Rees
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The Court of Appeal has confirmed that a conditional fee agreement can be properly assigned between solicitor firms so that any success fee included in a ‘pre-Jackson’ retainer will continue to be recoverable where the retainer was transferred to...

ATE Insurance no longer sufficient to refuse application for security for costs

Claire Winn
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The appeal of Premier Motorauctions Ltd & Anor v Pricewaterhousecoopers LLP & Anor [2017] EWCA Civ 1872 was recently heard by Lord Justices Longmore, Kitchin and Floyd. The decision at first instance was heard by Mr Justice Snowden over a year...

"Outside the norm" Court of Protection proceedings and costs being assessed on the indemnity basis

Rebecca Franks
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The Public Guardian v Matrix Deputies Limited (1) and London Borough of Enfield (2) [2017] EWCOP 14 Rule 156 of the Court of Protection Rules 2007 states that where the proceedings concern P's property and financial affairs the general rule is that...

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