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Part 8 claim for a Solicitors Act assessment struck out

Megan Roxburgh
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Kelly v Ralli Ltd [2022] EWHC B5 (Costs) Background The Claimant instructed the Defendant in respect of a personal injury claim. That claim concluded in 2019, at which point the Defendant's registered office was at Jackson House in Sale. However, on...

Court Strikes Out Defendant's Points of Dispute

Nicholas Lee
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Tudor v (1) Dean & GCOL Limited – Detailed Assessment of Costs – Court Strikes Out Defendant’s Points of Dispute & Approves Good Reason to Depart from An Approved Costs Budget Clarke Willmott acted for the Petitioner Mr Tudor...

Recovering interest on a disbursements funding Loan

Nicholas Lee
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I have long held the view that the authorities support the ability to recover interest on a disbursement funding agreement. Of course, this is subject to the Court’s very wide discretion at CPR 44.2. This appears to be a view supported by Regional...

Receiving party reaps the benefit of a well-pitched Part 36 offer

Nicholas Lee
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Moran v Smith (Bristol County Court, Deputy District Judge Napier, 17/12/2021) Paragon Costs were instructed on behalf of the Defendant (the receiving party). Unusually, a Provisional Assessment was undertaken in circumstances where the costs claimed...

A Defendant may invoke the provisions of Part 36

Lucy Hodgkins
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Part 36: A Defendant may invoke the provisions of Part 36 as a Claimant if the offer is clear and there is a genuine counterclaim   The Huntsworth Wine Company Limited v London City Bond Limited [2022] EWHC 97 (Comm) Background The Huntsworth...

Costs Cannot be Assessed Without Forthwith Order

Mark Holloway
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ABA v University Hospitals Coventry and Warwickshire NHS Trust [2022] EWHC B4 (Costs)   Claim Background The Claimant issued a clinical negligence claim on 22 December 2017. Master Cook made an order providing for liability and causation to be...

Successful defendants denied costs as a result of conduct

Lucy Hodgkins
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The decision in European Real Estate Debt Fund (Cayman) Ltd v Treon & Ors [2021] EWHC 2866 (Ch) is a stark reminder to successful parties that winning does not necessarily mean an award of costs; especially where there are substantial conduct issues. ...

A Word of Warning to all Expert Witnesses

Claire Winn
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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...

Exception made to the fixed costs regime complexity

Lucy Hodgkins
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In Crompton v Meadowcroft (Costs) – 2021 DDJ Ayers was asked to decide whether fixed costs would apply in a matter which had exited the portal but settled before it was allocated to the multi-track. This was an RTA claim which was submitted to the...

Detailed Assessment does not automatically mean entitlement

Megan Roxburgh
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Success at Detailed Assessment does not automatically mean entitlement to all costs of the assessment itself. The Claimant’s bill of costs in Milbrooke Construction Ltd v Jones [2021] EWHC B20 (Costs) was reduced by such a significant level that...

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