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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

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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...

South West Costs Seminar, Bristol - Tuesday 1st May 2018 - BOOK NOW!

Nicholas Lee
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Paragon Costs Solutions and The Guildhall Chambers Costs & Litigation Funding team are pleased to announce the return of the South West Costs Seminar on Tuesday 1st May 2018 at the M-Shed in Bristol.  We are delighted to announce...

When can detailed assessment proceedings be commenced?

Janina Muromceva
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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?

Janina Muromceva
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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

Janina Muromceva
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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

Janina Muromceva
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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...

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