In Finnegan v Spiers (t/a Frank Spiers Licensed Conveyancers) [2018] EWHC 3064 (Ch) Mr Justice Birss, on Appeal from the Order of District Judge Kelly, considered the question of whether or not the Court had the power to order a payment on account of costs where a Part 36 offer had been accepted under Rule…
BMCE Bank International PLC v Phoenix Commodities PVT LTD & Anor [2018] EWHC 3380(Comm) There is an abundance of caselaw reiterating time and time again how a party should act when there is a failure to comply with Rules, Practice Directions or Orders of the Court. Nevertheless, there remain occasions when a party has,…
On 29th November 2018, David Gaulke, Justice Secretary, announced within the House of Commons from 6th April 2019, conditional fee agreement (‘CFA’) success fees will no longer be recoverable from opponents in defamation and privacy claims. At MRN we have experience dealing with such cost claims deriving out of media law, and much like the…
Ayton v RSM Bentley Jennison and Others [2018] EWCH 2851 (QB) The Defendant was ordered to pay costs in a professional negligence claim, having rejected the chance to settle costs, where the High Court made an Interim Costs Order in the sum of £430,000.00, and costs were to be assessed on an indemnity basis.…
Yirenkyi v Ministry of Defence EWHC 3102 (QB) This recent case concerned the approach taken to cost budgeting and the making of an Order at a Costs & Case Management Order. The Claimant had made a claim for personal injury against the Defendant and the matter proceeded to a Costs & Case Management Conference…
Riordan and Ors v Moon Beever Solicitors (a firm) [2018] EWHC 1452 (QB) Since the introduction of the CPR in 1999 the Courts have had unfettered control to vary any Court Order, including Consent Orders. However, it seems to be the general consensus that where there has been a genuine agreement by both/all parties…
Lyons v Fox Williams LLP [2018] EWCA Civ 2347 The recent case of Lyons v Fox Williams LLP [2018] EWCA Civ 2347 involved consideration of the scope of the Solicitor’s retainer and is subsequently of importance to Solicitors and well worth considering. The case concerned a Claimant’s Appeal following an unsuccessful action for professional negligence…
Slade (t/a Richard Slade And Co) v Abbhi [2018] EWHC 2039 (Comm) Following a three-day Trial, the High Court found in favour of a Solicitor in respect of the terms of an oral agreement. With the benefit of hindsight, the Solicitor might have preferred to have put the agreement in writing. Background of…
Worley –v- Persimmon Homes (West Yorkshire) The Claimant had tripped and fell due to a protective nosing on a flight of stairs becoming partially detached, which presented a hazard. In pursing the claim against the Defendant, the Claimant had entered into a CFA dated 21 June 2012, backed by a Temple Legal Protection ATE Insurance…
AR v Barts Health NHS Trust, Claim Number HQ14X01928 The ability to recoup ATE premiums from paying parties in litigation on the whole ended with effect from the 1st April 2013 in relation to policies incepted on or after that date. The Recovery of ATE Premiums in Clinical Negligence Proceedings (no. 2) Regulations 2013 (the…