In the recent case of Mr Douglas Hague v British Telecommunications Plc attention has been drawn to the importance of attendance notes in supporting agreements between the parties when a point is contested. The circumstances of this claim pertain to the Claimant, Mr Douglas Hague, who was diagnosed with malignant pleural mesothelioma. Settlement was achieved…
It is not uncommon in multi Defendant cases for a Claimant to need to discontinue against one or more Defendants. However, in the case of BAE Systems Pension Funds Trustees Ltd v Bowmer & Kirkland Ltd [2018] EWHC 1222 (TCC) Mrs Justice Jefford highlighted the issues faced by Claimants and refused the Claimant’s Application for an…
Phoenix Healthcare Distribution v Woodward and another [2018] EWHC 2152 (Ch) was an appeal in a contract and misrepresentation claim brought by Sally Woodward and Mark Addison against Phoenix Healthcare Distribution. Mills & Reeve were the Solicitors instructed to act on behalf of the Defendants and on 17 October 2017 the Claimant, via its Solicitors Collyer…
Holmes v West London Mental Health Trust In this exceptionally serious case of mismanagement of a Claimant resulting in Lithium poisoning, the Judge examined the Part 36 rules when considering the appropriate order to make on costs liability resulting in an award of indemnity costs for the Claimant. The case is indeed some welcome news…
Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654 The above case was originally heard by Regional Costs Judge Hale and was then leapfrogged to the Court of Appeal. The upshot is that “successful” Defendants can take advantage of the sums paid to the Claimant by an “unsuccessful” Defendant, but not when the matter settles…
It is rare we have the opportunity to alert out clients to a reduction in court fees, but here we are. Since the Court of Protection Fees Order 2007, the applicable fee for making an application to start court proceedings and the fee for filing an appellants notice have both been £400.00. As per Form…
Hertel & Anor v Saunders & Anor [2018] EWCA Civ 1831 upheld a first appeal decision made by the High Court Judge Mr Justice Morgan in which the defendants in the case managed to have their own Part 36 offer overturned. The Court of Appeal ruled last week that an offer made in respect of…
The Commissioner of Police of the Metropolis v Brown [2018] EWHC 2046 – This appeal concerns the operation of the qualified one-way costs shifting regime (known as QOCS) contained in Section II of Part 44 of the CPR. The original claim: The claim concerned the Metropolitan Police – with the help of Greater Manchester Police (GMP) (Defendants)…
JSC BTA Bank v Ablyazov and another [2018] EWHC 1368 (Comm) (8 June 2018) The Second Defendant in this matter was subject to a worldwide freezing order which had been made in previous litigation between the Claimant and the Defendant. The First Defendant had also been subject to the same freezing order however took no…
The recent case of Red and White Services Ltd v Phil Anslow Ltd & Anor [2018] EWHC 1699 (Ch) considered the issue of proportionality and cost budgeting. The case involved 2 bus companies with the Claimant alleging that the Defendant had trespassed to its bus slots at a bus station. The Defendant bus company made…