Evans v Betesh Partnership and McGinty [2020] EWHC 1589 (QB) – Parklane Plowden Chambers

‘High Court decision (24/06/20) concerning solicitor/barrister professional negligence arising out of a personal injury case.’

Full Story

Parklane Plowden Chambers, 24th June 2020

Source: www.parklaneplowden.co.uk

Success Fee Recoverability in 1975 Act Claims: Re H [2020] EWHC 1134 (Fam) – Pallant Chambers

‘The general rule in civil litigation is that costs “follow the event”. In an article I wrote for the special issue of Civil Justice Quarterly on Civil Litigation Costs, Vol. 32 pages 109-312 Issue 2 2013, I discussed the negative impact that this rule can have on access to justice: not only is the losing party hit with two bills rather than one, but the losing party has no direct control over the costs incurred by the successful party.’

Full Story

Pallant Chambers, 26th June 2020

Source: www.pallantchambers.co.uk

The price of an unreasonable refusal to engage: ADR, Litigation and cost consequences – 3PB

‘The touchstone of all ADR procedures is that parties enter into them voluntarily. However, there is an increasing body of case law in the English courts that suggests mediation should be seriously considered:

a. before litigation is entered into. Failure to do so may result in adverse or impacted
costs for a client, even if successful; and

b. in the course of litigation (instigated by the parties and increasingly with court
directions) an unreasonable refusal of a request to mediate may have bearing on
Part 36 offers and costs.

Full Story

3PB, 8th June 2020

Source: www.3pb.co.uk

CFA Costs Allowed in second 1975 Act Claim – Parklane Plowden Chambers

Posted May 18th, 2020 in chambers articles, costs, families, news, part 36 offers by sally

‘Re H (Deceased), SH v NH and KH [2020] EWHC 1134 (Fam) was a claim under the Inheritance (Provision for Family and Dependants) Act 1975 heard on 24 April and 24 May 2020 before Cohen J. The successful adult claimant was awarded a contribution of 25% to her CFA uplift by Cohen J as part of her claim. Re H was a case heard hot on the heels of Bullock v Denton in which the successful adult claimant in a 1975 Act claim was also awarded a cost contribution as part of her award.’

Full Story

Parklane Plowden Chambers, 12th May 2020

Source: www.parklaneplowden.co.uk

Claimant loses 15% of costs for “engrained” exaggeration – Litigation Futures

Posted May 14th, 2020 in costs, news, part 36 offers, personal injuries by sally

‘The High Court has cut a costs award to a seriously injured claimant because exaggeration was “built into the structure” of the way the claim was presented before and during the trial.’

Full Story

Litigation Futures, 13th May 2020

Source: www.litigationfutures.com

What Does Happen When a CFA Ends Before the Claim for Damages Ends? – Hardwicke Chambers

Posted April 20th, 2020 in appeals, chambers articles, contracts, damages, news, part 36 offers by sally

‘The Appellant (‘Mrs Butler’) entered into a CFA with the Respondent solicitors, (‘Bankside’) in respect of a claim for damages against one company, Metris, for termination of a commercial agency.’

Full Story

Hardwicke Chambers, 15th April 2020

Source: hardwicke.co.uk

Judges call for review of costs rules after QOCS judgment – Law Society’s Gazette

Posted April 17th, 2020 in accidents, appeals, compensation, costs, news, part 36 offers, personal injuries by sally

‘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.’

Full Story

Law Society's Gazette, 16th April 2020

Source: www.lawgazette.co.uk

High Court judges order indemnity costs over ADR failures – Litigation Futures

‘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.’

Full Story

Litigation Futures, 16th April 2020

Source: www.litigationfutures.com

Appeal court urges rethink over set-off in QOCS cases – Litigation Futures

Posted April 14th, 2020 in appeals, civil procedure rules, costs, news, part 36 offers, set-off by sally

‘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).’

Full Story

Litigation Futures, 14th April 2020

Source: www.litigationfutures.com

Judge upholds acceptance of ‘mistaken’ £0 part 36 offer – Litigation Futures

‘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.’

Full Story

Litigation Futures, 7th April 2020

Source: www.litigationfutures.com

Court fee can be claimed from defendants despite exemption – Litigation Futures

Posted January 28th, 2020 in civil procedure rules, costs, fees, news, part 36 offers by tracey

‘There are “strong public policy grounds” for allowing fee-exempt claimants to claim their court fees from defendants rather than the taxpayer, a judge has ruled.’

Full Story

Litigation Futures, 28th January 2020

Source: www.litigationfutures.com

Part 36 offers made exclusive of interest not valid, Court of Appeal rules – Local Government Lawyer

Posted January 21st, 2020 in civil procedure rules, costs, interest, news, part 36 offers by sally

‘It is not possible to make a valid Part 36 offer exclusive of interest either generally or in the context of detailed assessment proceedings, the Court of Appeal has ruled in a case involving a local authority.’

Full Story

Local Government Lawyer, 20th January 2020

Source: www.localgovernmentlawyer.co.uk

Part 36 offers cannot exclude interest to be valid – Litigation Futures

Posted December 20th, 2019 in appeals, civil procedure rules, costs, interest, news, part 36 offers by tracey

‘Part 36 offers which specifically exclude interest are not valid, the Court of Appeal has ruled – but one of the judges said this should be reconsidered.’

Full Story

Litigation Futures, 19th December 2019

Source: www.litigationfutures.com

Part 36 Offers Explained – Becket Chambers

Posted November 20th, 2019 in news, part 36 offers by sally

‘This article explains the key points about Part 36 offers and provides top tips for avoiding common pitfalls.’

Full Story

Becket Chambers, 14th November 2019

Source: becket-chambers.co.uk

CA: Part 36 offer did not contract out of fixed costs – Litigation Futures

Posted November 20th, 2019 in costs, news, part 36 offers, road traffic by sally

‘A defendant who settles a claim that leaves the RTA protocol with a part 36 offer including the usual wording about paying costs on the standard basis is not contracting out of fixed costs, the Court of Appeal has ruled.’

Full Story

Litigation Futures, 19th November 2019

Source: www.litigationfutures.com

Appeal court re-establishes fixed costs for claim headed to multi-track – Law Society’s Gazette

Posted November 20th, 2019 in costs, news, part 36 offers, road traffic by sally

‘The Court of Appeal has ruled that claimant solicitors should settle for fixed costs in a ruling that could send shivers through the claims sector.’

Full Story

Law Society's Gazette, 19th November 2019

Source: www.lawgazette.co.uk

Defendant pays an extra £65,000 after fractional Part 36 defeat – Law Society’s Gazette

Posted November 15th, 2019 in contracts, costs, damages, interest, news, part 36 offers by tracey

‘A losing party has been ordered to pay an extra £65,000 after declining to settle a case over a difference amounting to less than £5,000.’

Full Story

Law Society's Gazette, 15th November 2019

Source: www.lawgazette.co.uk

Settling for nil damages can still be a genuine Part 36 offer – MR v Commissioner of Police of the Metropolis [2019] EWHC 1970 QB – Zenith PI

Posted September 6th, 2019 in assault, costs, damages, false imprisonment, harassment, news, part 36 offers, police by tracey

‘The appellant was arrested on suspicion of harassment but was later released without charge, after police had taken fingerprints and DNA samples. The appellant issued a claim for false imprisonment and assault.’

Full Story

Zenith PI, 5th September 2019

Source: zenithpi.wordpress.com

Offer to settle for no damages was valid under part 36 – Litigation Futures

‘An offer to settle a case for no damages but an admission of liability was a valid part 36 offer and it was not unjust to apply the usual consequences of beating an offer when the claimant won at trial, the High Court has ruled.’

Full Story

Litigation Futures, 28th August 2019

Source: www.litigationfutures.com

Part 36 consequences “are severable”, High Court rules – Litigation Futures

Posted June 26th, 2019 in civil procedure rules, costs, judges, jurisdiction, news, part 36 offers by sally

‘The court can decide it is unjust to award some, but not all, of the consequences of beating a part 36 offer, a High Court judge has ruled.’

Full Story

Legal Futures, 25th June 2019

Source: www.litigationfutures.com