The matter of Asmat Bi v Tesco Underwriting Limited was recently heard in the Country Court at Manchester before HHJ Sephton KC. The matter concerned a claim for damages as a result of a road traffic accident. No personal injuries were suffered and the claim consisted of damages in respect of hire and repairs only.
Pan-NOx Emissions Litigation: Budgets Were Considered to be Excessive, Unreliable and Unjustified
The Costs Management Conference of the Pan-NOx emissions litigation recently took place over 3 days in the London High Court. Mr Justice Constable and Senior Costs Judge Gordon-Saker considered some interesting points relating to Group Litigation, the construction of these budgets and costs budgeting generally.
Contribution Costs: To what extent should a Part 20 Defendant be liable for the costs of a Part 20 Claimant
In the matter of Healey v McGrath & Ramsay Health Care Uk Operations Limited [2024] EWHC 1360 (KB), the Court considered an application by the Second Defendant for a contribution towards costs and damages from the First Defendant.
The matter of Simon v Simon & Anor [2023] EWCA Civ 1048 concerns a Court of Appeal decision regarding the function of a litigation loan provider in divorce proceedings.
The matter of Afriyie v Commissioner of Police for the City of London (Re Costs) [2023] EWHC 1974 (KB) concerned a claim for assault, battery and misfeasance in public office. The Defendant’s officers had tasered the Claimant, causing him to fall to the ground and hit his head.
Costs Budgeting; the balancing act between the proportionality of a budget and the reasonableness of its constituent parts Two notable decisions on costs budgeting have recently been provided by the Courts. The first of these matters is Associated...
Mathieu v Hinds & Aviva: 60% Reduction in the Claimant’s Costs due to Failure to Beat a Calderbank Offer Mathieu v Hunds & Aviva [2022] EWHC 1624 (QB) Background The matter involved a personal injury claim for damages, arising out of a...
Ensure you are Qualified to Comment on the Issues at Hand The matter of Robinson v Liverpool University Hospitals NHS Trust & Dr Mercier (County Court at Liverpool, 9 September 2021) concerned a dental negligence claim. Dr Chris Mercier was instructed...
£250k Fixed Fee Agreement Found to be Unreasonable & is Set Aside by Costs Judge Brown
Recovery of Only a Fraction of the Pleaded Damages is Not Sufficient to Depart from this Principle
Background All practising litigators will be aware that, in recent months, the landscape with regards to guideline hourly rates has been evolving. The first development of note is the matter of Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019]...
Further changes are underway in relation to CPR Part 3 regarding costs management and the relevant practice direction, CPR PD3E, effective from 1 October 2020. The practice direction has effectively undergone a complete re-write and some important additions...
The matter of Jovicic & Others v The Serbian Orthodox Church – Serbian Patriarchy v Kesar & Co [2020] EWHC 2229 (QB) involved a handful of claims for abuse by members of the clergy who belonged to the Serbian Orthodox Church. Each Claimant...
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...
In the matter of Andrews v Retro Computers Ltd [2019] EWHC B2 (Costs) Deputy Master Friston provided guidance on the application of CPR 44.11(1)(b) and the Court’s power to disallow costs on the basis of unreasonable or improper conduct. Overview ...