Part 36 offer that included unpleaded counterclaim ruled valid – Litigation Futures

Posted May 8th, 2019 in appeals, construction industry, delay, interest, negligence, news, part 36 offers by tracey

‘A part 36 offer made by a defendant in respect of both a claim and a proposed counterclaim which has yet to be pleaded is valid, the Court of Appeal has ruled.’

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Litigation Futures, 7th May 2019

Source: www.litigationfutures.com

Fixed fees can apply to claim which settled for £42k, court rules – Law Society’s Gazette

‘The courts have made clear they will be prepared to apply fixed costs to cases which have long since breached the £25,000 limit. Two judgments that have emerged over the past week show examples of judges considering fixed recoverable costs where the personal injury claims had exited the pre-action protocol.’

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Law Society's Gazette, 24th April 2019

Source: www.lawgazette.co.uk

High Court dispenses with electronic bill – Litigation Futures

Posted April 3rd, 2019 in budgets, costs, damages, electronic filing, negligence, news, part 36 offers by sally

‘A High Court judge has relieved a claimant who won a trial in January from having to produce an electronic bill for the work undertaken since 6 April 2018.’

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Litigation Futures, 2nd April 2019

Source: www.litigationfutures.com

DDJ “should not have interfered” with parties’ costs agreement – Litigation Futures

Posted January 14th, 2019 in accidents, appeals, consent orders, costs, news, part 36 offers, road traffic by tracey

‘A deputy district judge’s decision to vary a consent order for costs on the standard basis to apply fixed costs to a claim that started in the portal has been overturned.’

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Litigation Futures, 14th January 2018

Source: www.litigationfutures.com

Appeal refused over claimant who issued just to recover costs – Litigation Futures

Posted January 10th, 2019 in appeals, costs, news, part 36 offers, pre-action conduct by sally

‘The Court of Appeal has refused permission to appeal a High Court decision that found a claimant was entitled to issue his claim solely in pursuit of costs.’

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Litigation Futures, 9th January 2019

Source: www.litigationfutures.com

Part 36 penalties “severable”, says judge as she refuses 10% uplift – Litigation Futures

Posted January 7th, 2019 in costs, news, part 36 offers by sally

‘The consequences of beating a part 36 offer are “severable” and each should be assessed against the test of whether it would be unjust to award them, a judge has ruled.’

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Litigation Futures, 2nd January 2019

Source: www.litigationfutures.com

Court cannot order costs on account after part 36 acceptance – Litigation Futures

Posted November 14th, 2018 in civil procedure rules, costs, news, part 36 offers by sally

‘The courts have no power to order the payment of costs on account after a part 36 offer is accepted, the High Court has ruled.’

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Litigation Futures, 14th November 2018

Source: www.litigationfutures.com

Defendants pay heavy price for refusing to discuss costs – Law Society’s Gazette

‘Defendants in a professional negligence claim who rejected the chance to settle costs have been left nursing a bill at least three times higher than it might have been.’

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Law Society's Gazette, 2nd November 2018

Source: www.lawgazette.co.uk

High Court backs claimant who issued just to recover costs – Litigation Futures

Posted November 2nd, 2018 in abuse of process, civil procedure rules, costs, negligence, news, part 36 offers by sally

‘A claimant was entitled to issue his claim solely in pursuit of costs where the defendant “acted unfairly” by trying to settle pre-action but refusing to pay any costs, the High Court has ruled.’

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Litigation Futures, 1st November 2018

Source: www.litigationfutures.com

Part 36 offer not a “trump card” to thwart court orders – Litigation Futures

‘A part 36 offer is not “some form of trump card” which overrides previous court orders, a High Court judge has made clear.’

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Litigation Futures, 30th October 2018

Source: www.litigationfutures.com

Part 36: no presumption in favour of indemnity costs on late acceptance – Hailsham Chambers

Posted August 7th, 2018 in costs, delay, indemnities, news, part 36 offers, time limits by sally

‘Where a defendant accepts a claimant’s Part 36 offer after expiry of the 21 day period, many claimants (and legal commentators) have argued that the claimant should be entitled to recover indemnity costs from the expiry of the relevant period, just as they would if the case had gone to trial and the same result had been achieved. This argument has been particularly attractive to claimants where fixed costs apply, as an order for indemnity costs will allow the claimant to recover more than fixed costs. A number of County Court Judges and District Judges have accepted this argument in PI actions to which fixed costs apply.’

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Hailsham Chambers, 23rd July 2018

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Costs blow for tardy defendant with ‘worse than hopeless’ case – Law Society’s Gazette

Posted August 6th, 2018 in costs, delay, hospitals, indemnities, negligence, news, part 36 offers, time limits by sally

‘Civil claimants despairing at Part 36 costs rules have a ray of hope following a court’s decision to swing the pendulum their way again. In Holmes v West London Mental Health NHS Trust the High Court ruled last week that a defendant party who waited 15 months to accept a Part 36 offer must pay indemnity costs covering the period of delay.’

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Law Society's Gazette, 3rd August 2018

Source: www.lawgazette.co.uk

CoA: Claimant limited to fixed costs even where Part 36 accepted late – Law Society’s Gazette

Posted July 24th, 2018 in appeals, costs, delay, news, part 36 offers, personal injuries by tracey

‘Fixed costs apply to low-value claims even when the defendant has waited more than 18 months to settle the claim, the Court of Appeal ruled today. In the long-awaited Hislop v Perde judgment, Lord Justice Coulson said the claimant could not argue that the delay – even with no apparent justification – triggered an ‘exceptional circumstances’ provision set out in Civil Procedure Rules.’

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Law Society's Gazette, 23rd July 2018

Source: www.lawgazette.co.uk

Court of Appeal overturns costs penalty imposed on claimant who gave dishonest evidence – Litigation Futures

Posted June 27th, 2018 in costs, disclosure, evidence, news, part 36 offers, penalties by tracey

‘A judge was wrong to penalise a claimant for not disclosing an important piece of evidence, given that the defendant made the part 36 offer she accepted in full knowledge of her dishonesty, the Court of Appeal has ruled.’

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Litigation Futures, 26th June 2018

Source: www.litigationfutures.com

Court of Appeal overturns ruling based on bad advice from counsel – Litigation Futures

Posted June 13th, 2018 in appeals, costs, indemnities, news, part 36 offers by sally

‘The Court of Appeal has overturned the decision of a High Court judge who was wrongly told by counsel that indemnity costs were the default order when a claimant failed to beat a part 36 offer.’

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Litigation Futures, 12th June 2018

Source: www.litigationfutures.com

Court of Appeal finds way to apply fixed costs to EL case wrongly run outside portal – Litigation Futures

‘A claimant who wrongly began and settled their claim for noise-induced hearing loss outside of the EL/PL protocol should be limited to fixed costs under the provisions that penalise poor conduct in costs, the Court of Appeal has ruled.’

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Litigation Futures, 23rd April 2018

Source: www.litigationfutures.com

Withdrawn But Not Forgotten? – Effect Of A Withdrawn Part 36 Offer – Zenith Chambers

Posted March 20th, 2018 in appeals, costs, news, part 36 offers by sally

‘In Ballard v Sussex Partnership NHS Foundation Trust [2018] EWHC 370 (QB) Mr Justice Foskett had to consider the issue of what costs consequences, if any, should follow from the claimant’s failure to beat a Part 36 offer which had been withdrawn, the defendant having gone on to make a second, lower, offer.’

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Zenith Chambers, 1st March 2018

Source: www.zenithchambers.co.uk

Withdrawn But Not Forgotten? – Effect Of A Withdrawn Part 36 Offer – Ballard v Sussex Partnership NHS Foundation Trust [2018] EWHC 370 (QB) – Zenith PI

Posted March 5th, 2018 in appeals, costs, health, news, part 36 offers, personal injuries, rescission by tracey

‘In Ballard v Sussex Partnership NHS Foundation Trust [2018] EWHC 370 (QB) Mr Justice Foskett had to consider the issue of what costs consequences, if any, should follow from the claimant’s failure to beat a Part 36 offer which had been withdrawn, the defendant having gone on to make a second, lower, offer.’

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Zenith PI, 1st March 2018

Source: zenithpi.wordpress.com

Pre-trial 90% part 36 offer was “genuine attempt” to settle – Litigation Futures

Posted February 12th, 2018 in damages, negligence, news, part 36 offers, personal injuries by tracey

‘The High Court has rejected the argument that a part 36 offer to settle a clinical negligence claim for 90% of its value was not a genuine offer because it was made shortly before trial.’

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Litigation Futures, 12th February 2018

Source: www.litigationfutures.com

Provisional assessment cap not displaced by part 36 offer, Court of Appeal rules – Litigation Futures

Posted December 20th, 2017 in costs, indemnities, news, part 36 offers by sally

‘An award of indemnity costs after a successful part 36 offer in a provisional assessment does not remove the £1,500 costs cap, the Court of Appeal has ruled in overturning the High Court.’

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Litigation Futures, 20th December 2017

Source: www.litigationfutures.com