‘Lord Justice Jackson has today put forward his vision for extending fixed recoverable costs (FRC), but warned that it was not his job to protect the junior Bar or any other part of the profession in doing so.’
Legal Futures, 31st July 2017
Source: www.legalfutures.co.uk
‘In a long running shareholder dispute, the claimant company sought its costs from the defendants. The defendants had made 3 Part 36 offers in respect of the claimants claim against them. The judge had determined a number of issues in a hearing in November 2016, however there were other remaining issues to be tried. The court was made aware of the fact, but NOT the content, of the offers.’
Zenith PI Blog, 31st July 2017
Source: zenithpi.wordpress.com
‘Litigators should sort out the inadvertent disclosure of privileged documents in a grown-up manner without taking up the time of the court, the Court of Appeal has ruled as it granted an order to delete a privileged email that had been accidentally handed over.’
Litigation Futures, 20th July 2017
Source: www.litigationfutures.com
‘The Civil Procedure Rule Committee has decided against changing the financial threshold for costs budgeting in high-value personal injury cases, despite the prospect of the new discount rate taking a significant number of claims out of the regime.’
Litigation Futures, 17th July 2017
Source: www.litigationfutures.com
‘The Civil Procedure Rule Committee (CPRC) agreed minor variations that judges can adopt in orders for concurrent expert evidence – known as “hot-tubbing” – but acknowledged the changes it has approved to the CPR are “not as radical” as had been recommended by the Civil Justice Council (CJC).’
Litigation Futures, 14th July 2017
Source: www.litigationfutures.com
‘The Court of Appeal has ruled that qualified one-way costs shifting (QOCS) should apply where an injured party has the right to pursue compensation against an organisation such as an insurance company or tour operator, rather than the wrongdoer.’
OUT-LAW.com, 11th July 2017
Source: www.out-law.com
‘Qualified one-way costs shifting (QOCS) does apply for the benefit of a paralysed lorry driver who had his claim struck out against the Motor Insurance Bureau (MIB), the Court of Appeal has ruled, overturning the High Court.’
Litigation Futures, 10th July 2017
Source: www.litigationfutures.com
‘Recent uncertainty as to how a costs budget impacts on the final bill in relation to both incurred and estimated costs has, to some extent, been resolved by the judgment in Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792.’
Zenith PI, 6th July 2017
Source: zenithpi.wordpress.com
‘The Civil Procedure Rule Committee (CPRC) has warned lawyers involved in the “highly contentious area” of credit hire litigation that if they fail to agree a new model order for directions, they risk “a solution being imposed”.’
Litigation Futures, 6th July 2017
Source: www.litigationfutures.com
‘In this Judgment handed down last week, the Court considered the potential for credit hire companies, who were not parties to the litigation, to be the subject of costs orders. The Appellant car hire company was the subject of such a non-party costs order at first instance and appealed to the High Court. The decision is one which anyone involved in credit hire should be aware of.
Park Square Barristers, 29th June 2017
Source: www.parksquarebarristers.co.uk
‘In Reece Gladwin v Adrian Bogescu [2017] EWHC 1287 (QB) the Court was concerned with an appeal by the Defendant in a road traffic accident claim against a decision to grant the Claimant relief from sanctions, following late service of the Claimant’s witness evidence.’
Park Square Barristers, 23rd June 2017
Source: www.parksquarebarristers.co.uk
‘Nicholas Siddall analyses the recent judgment of the EAT in Swissport v Exley & Ors [2017] UKEAT/007/16 (Slade J) in which he successfully appeared and the interesting observations therein made by the EAT as to the correct approach to assessing costs in the Employment Tribunal.’
Littleton Chambers, 30th June 2017
Source: www.littletonchambers.com
‘The Court of Appeal has held in Cameron v Hussain and Liverpool Victoria [2017] EWCA Civ 366 that a Claimant can obtain a judgment against a Defendant identified only by description of him as the driver of a vehicle on a particular date. Whilst in almost every other area of law such judgment would be worthless as unenforceable, the Road Traffic Act 1988 provisions impose a contingent liability against the insurer of the vehicle to satisfy such a judgment. At first blush this seems to dismantle the careful limitations placed on the European Communities (Rights Against Insurers) Regulations 2002 to effectively enable a Claimant to pursue the insurer of a vehicle despite the fact that the driver of the same is unknown. This article, drafted by Park Square Barristers’ insurance indemnity specialists, Richard Paige and Judy Dawson, looks at the Court of Appeal judgment and the implications for the insurance industry.’
Park Square Barristers, 19th June 2017
Source: www.parksquarebarristers.co.uk
‘Lawyers and other users of the new media and communications list are unhappy with how the Civil Procedure Rules (CPR) apply to the field, and particularly costs budgeting, according to the outcome of a consultation launched by Mr Justice Warby.’
Law & Religion UK, 3rd July 2017
Source: www.litigationfutures.com
‘Concurrent expert evidence – known as hot-tubbing – should only be carried out in the “classic” manner where experts are sworn and give evidence at the same time, the Civil Procedure Rule Committee (CPRC) has decided.’
Litigation Futures, 27th June 2017
Source: www.litigationfutures.com
‘Jennifer Youngs and Vondez Phipps, pupil barristers at 42 Bedford Row, summarise the circumstances in which judicial conduct at a case management hearing might form the basis of an application for recusal, and provide guidance to practitioners as to the manner in which such an application might be made.’
Family Law Week, 22nd June 2017
Source: www.familylawweek.co.uk
‘A law firm LLP which acted for itself in legal proceedings is not a litigant in person for the purposes of the CPR, the Court of Appeal has held.’
Litigation Futures, 26th June 2017
Source: www.litigationfutures.com
‘An approved budget cannot be re-opened by a costs judge at detailed assessment unless there is “good reason” to do so, the Court of Appeal held today in a much-awaited ruling in Harrison v University Hospitals Coventry & Warwickshire NHS Trust.’
Law Society's Gazette, 21st June 2017
Source: www.lawgazette.co.uk
‘Pointers for the potential level of fixed costs for civil claims have been revealed on the eve of a pilot scheme to test how the idea will work.’
Law Society's Gazette, 20th June 2017
Source: www.lawgazette.co.uk
‘The Civil Procedure Rule Committee may need to address a hole in the exception from qualified one-way costs-shifting (QOCS) that meant defendants in a personal injury claim could not seek their costs because service of the claim had been set aside, rather than struck out, a High Court judge has ruled.’
Litigation Futures, 19th June 2017
Source: www.litigationfutures.com
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