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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 Kretzmann
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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...

Claimants unable to recover the costs of the counterclaim

Lucy Hodgkins
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Claimants unable to recover the costs of the counterclaim where they did not file a revised budget. In Bhat & Anor v Patel & Anor [2021] EWHC 2960 (Ch) (see judgment here ), Mrs Justice Fancourt found that where the claimants had not filed a...

Bill of costs struck out for being non-compliant

Nicholas Lee
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Barking, Havering & Redbridge University Hospitals NHS Trust v AKC [2021] EWHC 2607 Mrs Justice Steyn DBE, siting with Master Brown, allowed an appeal to a decision of Master Nagalingam on the basis that the signatory on the bill certificate was not...

Special Circumstances found following increases in hourly rates

Mark Holloway
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Raydens Ltd v Cole [2021] EWHC B14 (Costs)   Background The claimant solicitors acted for the defendant in protracted matrimonial proceedings between November 2013 and September 2018. The defendant’s husband in the proceedings were ordered...

Appeal Process

Mark Holloway
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Appeal Process – Practice Note   CPR 52 and practice direction 52A to 52E cover the appeal process in the civil division of the Court of Appeal, High Court, and County Court. The only exception is following a Detailed Assessment undertaken by...

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