‘In a case in which fundamental dishonesty or fraud has not been found but, there has been a significant level of exaggeration, will the court reduce an award of costs? The answer, of course, is considering CPR Part 44: yes… possibly.’
Park Square Barristers, 5th May 2020
Source: www.parksquarebarristers.co.uk
‘The recent decision of DSN v Blackpool Football Club Limited [2020] EWHC 670 (QB) illustrates the need for litigating parties to consider and engage with alternative dispute resolution (ADR) procedures in trying to resolve their disputes.’
Law Society's Gazette, 4th May 2020
Source: www.lawgazette.co.uk
‘Guidance on the conduct of remote detailed assessments (DAs) has been produced to get the system moving during the lockdown.’
Litigation Futures, 23rd April 2020
Source: www.litigationfutures.com
‘The basic position is well-known: in principle, the costs of an inquest are recoverable in a subsequent clinical negligence claim. The leading case in this regard, also well-known, is Roach -v- Home Office [2010] QB 256.’
Ropewalk Chambers, April 2020
Source: www.ropewalk.co.uk
‘The original dispute pertained to a claim (issued by the Respondent in these proceedings) which started under, and then exited, the Low Value Personal Injury Claims in Road Traffic Accidents Protocol. On the first visit to the Court of Appeal, the issue was whether the Appellant’s (the Defendant in the original dispute) cost liability in respect of the ex-portal claim was limited to fixed costs. The Court of Appeal held that the fixed costs regime for which Section IIIA of CPR Part 45 provides was applicable and the parties had not contracted out of fixed costs. Absent any application by the Respondent pursuant to CPR 45.29J for a higher amount by reason of “exceptional circumstances”, the Respondent was thus entitled to £16,705.15 in respect of her costs of the claim. Resultingly, both parties had cost liabilities: the Appellant in regards to the ex-portal claim, and the Respondent in respect of the appeal.’
Parklane Plowden, 17th April 2020
Source: www.parklaneplowden.co.uk
‘The new reality for litigation funders in the courts in England & Wales is that they must be prepared to pay a defendant’s costs in full if the funded claimant loses.’
Six Pump Court, 17th April 2020
Source: www.6pumpcourt.co.uk
‘Two fee-earners are not needed for attending a witness or client – and you cannot charge for solicitors travelling to clients.’
Law Society's Gazette, 20th April 2020
Source: www.lawgazette.co.uk
‘Judges in the Court of Appeal have urged rule-makers to look again at the nuances of qualified one-way costs shifting after a judgment over whether a defendant could set off their costs liability against the claimant.’
Law Society's Gazette, 16th April 2020
Source: www.lawgazette.co.uk
‘In this article, Gordon Wignall discusses the position of funding in England and Wales post-Chapelgate, where the automatic protection of the Arkin ‘cap’ was lifted. He also discusses grounds for the introduction of litigation funding in Ireland.’
Six Pump Court, 17th April 2020
Source: www.6pumpcourt.co.uk
‘The courts are getting harder on parties who fail to follow directions to try alternative dispute resolution (ADR), with judges imposing indemnity costs in two cases in recent weeks.’
Litigation Futures, 16th April 2020
Source: www.litigationfutures.com
‘The Civil Justice Council (CJC) has been tasked with reviewing the guideline hourly rates (GHR), it has emerged, with costs specialists urging it to revert to the old system of setting them locally.’
Litigation Futures, 17th April 2020
Source: www.litigationfutures.com
‘The Court of Appeal has urged the Civil Procedure Rule Committee to consider preventing defendants setting off costs in cases covered by qualified one-way costs shifting (QOCS).’
Litigation Futures, 14th April 2020
Source: www.litigationfutures.com
‘The High Court has rejected efforts by claimant law firms Leigh Day and Hausfeld to keep their actions against a Zambian copper mine operator separate, making a group litigation order (GLO) sought by the defendants.’
Litigation Futures, 8th April 2020
Source: www.litigationfutures.com
‘A junior solicitor at the Solicitors Regulation Authority’s (SRA) external advisers Capsticks lied about losing documents she was working on while acting for the regulator in a data protection case.’
Legal Futures, 6th April 2020
Source: www.legalfutures.co.uk
‘A claimant who issued proceedings after the defendant accepted a part 36 offer for £0 – which he said had been made by mistake – has had his claim struck out for abuse of process.’
Litigation Futures, 7th April 2020
Source: www.litigationfutures.com
‘Personal injury firms should temporarily agree to accept service by email and freeze limitation periods, according to guidance issued to claimant and defendant lawyers today on the conduct of claims during the Covid-19 crisis.’
Litigation Futures, 1st April 2020
Source: www.litigationfutures.com
‘In his latest Costs article, Andrew Hogan discussed Costs in relation to Judicial review.’
Rope Walk Chambers, 31st March 2020
Source: www.ropewalk.co.uk
‘Sitting at Manchester County Court, HHJ Evans took the path less trodden and ordered a consultant spinal surgeon, acting as the Claimant’s expert witness in clinical negligence proceedings, to pay £88,800 to cover the costs wasted as a result of his input.’
Parklane Plowden, 4th March 2020
Source: www.parklaneplowden.co.uk
‘The Court of Appeal has handed down judgment in an appeal brought by a non-gendered person, Christie Elan-Cane, challenging the Government’s policy not to issue non gender-specific “X” passports to non-gendered, non-binary and other trans persons who do not identify as, or exclusively as, male or female.’
Blackstone Chambers, 10th March 2020
Source: www.blackstonechambers.com
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