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When can detailed assessment proceedings be commenced?

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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...

Who is paying what after a Part 36 offer is withdrawn?

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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...

QOCS protection in relation to costs incurred by additional parties

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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...

Everything you need to know about recent cases relating to Part 36 offers

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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...

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

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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?

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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

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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

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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

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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...

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