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...
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...
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...
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...
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...
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...
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...
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. ...
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...
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...
