The recent case of JXA v Kettering General Hospital NHS Foundation Trust [2018] EWHC 1747 (QB) provides interesting reading regarding the continued importance of Wraith v. Sheffield Forgemasters Ltd, Truscott v. Truscott [1998] 1 WLR 132 (CA) and once again highlights the broad discretion available to a Judge under CPR44.4. The substantive action was a…
Following the ruling in the case of R (Adath Yisroel Burial Society and another) v HM Senior Coroner for Inner North London [2018] EWHC 969 in which it was found at judicial review that the “cab-rank rule” approach to burials was unlawful, the defendant coroner was ordered to pay £68,000 on account of costs due…
Malone v Birmingham Community NHS Trust [2018] EWCA Civ 1376 Wrongly named Defendants in CFAs is a recurring issue with various non-binding and conflicting decisions on the issue including Brierley v Prescott [2006] EWHC 90062 (Costs), Law v Liverpool City Council [2005] EWHC 90020 (Costs), Scott v Transport for London (2009) (unreported) and Brookes v…
This is an ongoing issue and one that crops up on a lot of cases that we see come through our doors. In the first instance, in Sprey v Rawlison Butler LLP [2018] EWHC 354 (QB) Master Rowley found that the monthly bills delivered to a client by his Solicitor under a discounted CFA were statute Bills.…
Bratek v Clark-Drain Ltd (2018) Fixed Recoverable Costs, it has been five years now since they were implemented in their current form, yet there is still so much ambiguity amongst the legal community as to the correct amount of costs to be paid on some cases. Of course, Fixed Costs do not apply to all…
Estera Trust (Jersey) Ltd & Anor v Singh & Ors [2018] EWHC 1715 This case related to an application for relief under sections 994-996 of the Companies Act 2006 on the grounds that the company was being operated in a manner that was unfairly prejudicial to the applicants. The witness statements which had been served during…
Tuson v Murphy [2018] EWCA Civ 1461 This claim concerned personal injuries sustained by the Claimant as a result of a horse riding accident at the Defendant’s riding school in August 2010. The Defendant accepted liability, but disputed quantum. Proceedings were issued in August 2013 by which time, the Claimant had given up her work…
An Analysis of Ansell & Evans -v- A.T & T (GB) Holdings Ltd The less than perfect drafting of the fixed costs rules contained in CPR 45 continue to be a cause of contention between receiving and paying parties for numerous reasons. Ansell & Evans -v- A.T & T (GB) Holdings Ltd provides guidance on…
The Facts: The Court of Appeal has handed down an extremely important decision this month, which has seen a successful Claimant have their Assessment Costs halved due to the issue of misconduct by claiming a higher hourly rate than she was entitled to. In Gempride Ltd –v- Bamrah & Anor [2018] EWCA Civ 1367 the…
Report on the Case of: Bott & Co Solicitors Ltd v Ryanair DAC [2018] EWHC 534 (Ch) On 16 March 2018, The High Court handed down judgment dismissing a claim bought by Bott & Co Solicitors Ltd against Ryanair DAC arising out of the latter’s handling of claims for flight disruption compensation under Regulation (EC)…