Given the current uncertainty of proportionality a recent case we set down for Provisional Assessment has indicated the tables may now be turning in the Claimant’s favour. The case was a relatively small clinical negligence claim where the Defendant delayed in providing proper treatment to the Claimant after they failed to diagnose a ligament injury…
For cases commenced on or after 1 April 2013, there is a ‘new test’ of proportionality (albeit not too new anymore!), which provides that costs incurred by a party are proportionate if they bear a reasonable relationship to: the sums in issue in the proceedings; the value of any non-monetary relief in issue in the…
Proportionality is there, and it is staring us in the face. It is popping up left right and centre in unenthusiastically titled emails, articles and newsletters. Some optimistic decisions would be most welcome wouldn’t they? Alas it seems we have recently become more accustomed to the doom and gloom. MRN’s job is of course to…