Gemma Taylor Greater Manchester Fire and Rescue Service v Susan Ann Veevers [2020] EWHC 2550 (Comm) Helpful guidance has been provided by the High Court on recoverability of inquest costs during the course of a personal injury claim. Distinction has in the past been drawn between circumstances in which an unqualified admission of liability has…
Helen Appleby As all Practitioners should be aware, the Civil Procedure Rules contain specific Guidelines in relation to Part 36 offers, which was incorporated to provide certainty as to reliance upon the offers made between the parties and the consequences of the same. Specifically, CPR Part 36.5 states:- (1) A Part 36 offer must— (a)…
Kathryn Regan In the recent Judgment of Belsner –v- Cam Legal Services Limited, Mr. Justice Lavender, on appeal, considered the question of whether a firm’s terms of business allowed them to charge more than would have been allowed on an inter partes basis and whether informed consent was required for the client to agree to…
Holly Archbold The long awaited judgment of Swift -v- Carpenter [2020] EWCA Civ 1295 has clarified the method for calculating accommodation claims. Practitioners will be busy considering the effect of the judgment, however, the importance of reviewing approved cost budgets in cases to be impacted should not be overlooked. Consideration needs to be given whether…
Rebecca Mogford This morning it was announced that a significant step had been taken in the Courts accepting that the Guideline Hourly rates that had been in place since 2010 (and indeed not updated) were no longer reasonably viable. Master Whalan, has provided commentary in a case which concerned an Appeal to the challenge on…
Louise Satterthwaite Introduction of a new protocol The situation the country as a whole has faced during this Covid 19 Crisis has affected may work practices and the legal profession is one of those. There has been a recognition of the particular difficulties faced on clinical negligence matters during this time, which rely on medical…
Jessica Wiggins Coronavirus has changed the world as we know it but have you considered how it might have changed your case and the resulting impact of this on your approved cost budget? We appreciate that you are extremely busy at this time not only managing financial pressures but also the challenges of adjusting to…
Matthew Waring De Sena and Another v Notaro and Others [2020] Costs LR 737 This was a claim which stemmed from a corporate demerger of a family company, the Claimants’ claim was dismissed and the Defendants obtained Judgment. As with most Civil Litigation cases, costs followed the event and the Defendants were entitled to payment…
Rebecca Mogford Intro The recent case of Rippon Patel And French LLP v Mowlam [2020] EWHC 1079 (QB) has given us a number of decisions on a variety of important issues in the context of Solicitor own Client disputes. The Appellant in this case was a firm of Solicitors and the Respondent was a former…
By Jack Andrew Previously on the 1st October 2019, the following amendment was made to Cost Management, Practice Direction 3E, paragraph 7.4:- “As part of the costs management process the court may not approve costs incurred up to and including the date of the costs management hearing. The court may, however, record its comments on…