The case of Howlett v Davis was recently before the Court of Appeal following the Trial Judge, Deputy District Judge Taylor, finding the claim to be fundamentally dishonest and granting the Second Defendant, Ageas Insurance, permission to enforce a costs Order against the Claimants. The Court of Appeal held that, despite the insurer not pleading…
7 November, 2017 Judgement for the long awaited appeal of BNM v MGN has been handed down in the last hour with a success for the Claimant, BNM. The Claimant has been successfully able to persuade the Court of Appeal that the Senior Costs Judge was incorrect to rule that the new test of proportionality…
On April 6 2017, the Civil Procedure Rules were amended to introduce a sanction whereby failure of the Claimant to pay the Trial fee (or Hearing fee as it is also known) by the appropriate date would see the Claimant’s claim be automatically struck out. This also applies where an application for remission has been…
The recent case of Harrison v Eversheds LLP [2017] EWHC 2594 (QB) is an interesting one which emphasises the importance of cost estimates given by Solicitors to their clients. The client disputed the costs billed by his former Solicitor, Eversheds. Eversheds provided an initial estimate totalling £333,102.00 and a second estimate totalling £548,054.00 yet they ultimately invoiced…
Ashman v Thomas [2016] EWHC 1810 (Ch) Clarifying when an interim payment on account of costs can be ordered by the court Interim payments on account of costs are, in theory at least, of benefit to both paying and receiving parties. To the receiving party, once a case is won the swift payment of costs,…
A regional costs judge has concluded that he was wrong to rule in a previous case that late acceptance of a Part 36 offer automatically entitled the claimant to an award of indemnity costs, and thus provided an escape route out of fixed costs. Judge Ian Besford decided that his widely reported decision in Sutherland v…
Knibbs -v-Heart of England NHS Foundation Trust (23/6/2017) This was a significant clinical negligence claim against three Defendants, which was ultimately compromised in the sum of £200,000, following acceptance of the Defendants’ Part 36 offer, albeit one month out of time. The Defendants sought an order that the Claimant pay their costs of the action from…
Lord Justice Jackson’s recommendations and proposals as we all know have had a widespread impact upon the legal industry. His further proposals, as part of his Supplemental Report proposes a new intermediate track which is widely being billed as potentially the biggest change of all. The proposals are going to be considered by the Lord…
A recent review of cases has shown that there was no unanimous judicial decision with regards to the approach of the Court when there is late acceptance of a Part 36 Offer. Given this is an issue that is raised repeatedly, it may come as a surprise that there is considerable divergence of opinions as…
Clinical negligence cases can follow countless pathways before they settle. Unlike low value road traffic accidents or accident at work claims, the prospect of successfully implementing a standardised approach to clinical negligence claims is therefore far lower. As a result of the numerous possibilities in clinical negligence cases, it has been far more difficult for…