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Hakmi v East & North Hertfordshire NHS Trust & Anor [2025] EWHC 2597 (KB) and the pitfalls of alleging Fundamental Dishonesty

Daniel Packham
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Summary This matter related to claim made for clinical negligence. Quantum had been agreed at £1 million, but liability was disputed. The Defendants made it clear that they would be alleging Fundamental Dishonesty against the Claimant but failed to...

Lemos & Ors v Church Bay Trust Company & Ors [2025] EWHC 3061 (SCCO) and the effect of costs management orders.

Daniel Packham
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Background The underlying claim related to a claim made under s423 of the Insolvency Act 1986. S423 grants the Court power to grant relief in respect of transactions where assets are put out of the reach of creditors. The transaction in this claim related...

Thomas v Secretary of State for the Home Department [2025] EWHC 3274 and the interaction of Part 36 offers and matters that settle via consent.

Daniel Packham
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Synopsis When considering the application of Part 36 the Court considered a Consent Order to be tantamount to Judgement as far as the wording of CPR 36.17, allowing the party who made such an offer to enjoy Part 36 benefits when concluding via Consent...

Cubic Transportation Systems Ltd v Transport for London & Anor [2026] EWHC 211 (TCC) (05 February 2026)

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Cubic Transportation Systems Ltd v Transport for London & Anor [2026] and the considerations given when determining an appropriate interim payment on account of costs. Synopsis When considering the sums to be paid on account, the Court will give...

Interest on costs after the expiry of a Part 36 offer should be calculated using the aggregate costs method

Lucy Hodgkins
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The case of Barry v Essex County Council  [2025] EWCC 64; DDJ Rathod found that the enhanced interest on costs awarded to the Claimant following their beating their own Part 36 offer should be applied to the aggregate of all costs after the expiry of...

No Relief From Sanctions for Litigant in Person Who Missed the Budget Deadline

Claire Kretzmann
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In the matter of National House-Building Council v Hodson Developments Ltd & Ors [2025] EWHC 3438 (TCC) the court found that a failure by the First Defendant to file a costs budget was such a serious breach that relief should not be granted. This was...

Guidance Note: Mazur & Anor v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB)

Nicholas Lee
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In Mazur & Anor v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB) , the High Court (King’s Bench Division) clarified the limits of who may lawfully conduct litigation under the Legal Services Act 2007 (“LSA”). 1. Facts ...

Interim payments on account of costs

Claire Kretzmann
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Interim payments on account of costs: insufficient information or inadequate justification will result in a payment significantly below 60% The matter of Saipem S.P.A. and other companies v Petrofac Ltd and another company [2025] EWCA Civ 1106 ...

Court's discretion to permit non-compliant Points of Dispute

Daniel Packham
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Ward v Rai [2025] EWHC 1681 (KB) (03 July 2025) and the Court’s discretion whether to permit non-compliant Points of Dispute. Background This matter related to a Road Traffic Accident on 18 September 2019. Liability had been admitted but...

Part 36 when just falling short of beating an offer.

Daniel Packham
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H&P Advisory Ltd v Barrick Gold (Holdings) Ltd (Re Consequential Matters) [2025] EWHC 1330 (Ch) and the application of Part 36 when just falling short of beating an offer. Background The Claimant was a London-based boutique investment bank founded...

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