Misconduct and opportunism

Avi Dolties   Murray v Oxford University Hospitals NHS Trust [2019] EWHC 539] This was a clinical negligence matter where following conclusion of the claim, the claimant was entitled to costs.  Following service of the Bill of Costs, the Defendant put forward the submission that in view of the numerous errors in the Bill of…

Significant Developments and Budget Updates

Lindsay Woolford   Zeromska-Smith –v- United Lincolnshire Hospitals NHS Trust [2019] 2 WLUK 375 In the recent case of Zeromska-Smith –v- United Lincolnshire Hospitals NHS Trust [2019] 2 WLUK 375 before Martin Spencer J, on 22nd February 2019 the position on a Party changing their stance and the consequential amendments of Budgets was considered.  …

A new N260 Statement of Costs… well, two actually

Matthew Tinker   So here we have it. The 104th Update – Practice Direction Amendments is upon us. http://www.justice.gov.uk/courts/procedure-rules/civil/pdf/update/cpr-104thpd-update-signed.pdf We have all heard about the proposed new style N260 Statements of Costs and within weeks of the 2 year pilot scheme going live (1 April 2019), we are finally given the opportunity to pour over…

Good news for claimants!

Rebecca Mogford Andrews v Retro Computers Ltd [2019] EWHC B2 (Costs) Good news has come for Claimants in the form of the decision made by Deputy Master Friston in the case of Andrews v Retro Computers Ltd [2019] EWHC B2 (Costs). Claimants are often on the receiving end of Points of Dispute from Defendants asking for…

Contracting out of fixed costs

Jack Andrew Miss Seyi Adelekun -v- Mrs Siu Lai Ho   The conflict between fixed costs and traditional costs on an hourly rate basis continues. In the helpful case of Miss Seyi Adelekun -v- Mrs Siu Lai Ho, his Honour Judge Wulwik has made an important decision that fixed costs did not apply to a…