Matthew Waring Dance v East Kent University Hospitals NHS Foundation Trust & Ors [2022] EWHC 2198 (SCCO) It has been a while since most Practitioners have had arguments regarding the recoverability of After the Event Insurance Premiums. As a general concept, when the law changed in 2013, the arguments from paying parties regarding the recoverability…
Rebecca Mogford We’ve all heard about Belsner, but where does the Judgment leave matters? It was quite a week for Solicitor own Client matters last week, Judgment was handed down in what was arguably “case of the year”, not just in terms of the principle and importance but in terms of the practical implications. Now…
Jessica Wiggins As we know, the Courts have a wide discretion when it comes to costs and the decisions on hourly rates, in particular, can vary wildly which can make it very difficult to predict with a high degree of certainty the likely outcome of a case on Detailed Assessment. The recent guidance from the…
Rebecca Mogford As a firm, we have seen a substantial increase in the number of Solicitor own Client disputes over the past 9 years. Whilst there have been a significant number of issues regarding “shortfall” disputes and issues that have recently been discussed in the case of Belsner, there has definitely also been an increase…
Lindsay Woolford Significant Developments and Budget revisions on account of the same: recent Case Law: Finsbury Food Group plc v Axis Corporate Capital UK Ltd and Others [2022] Costs LR 1337 As has been well documented, in October 2020 the Rules were amended with regards to Budget variations. Once the Court has approved a…
Brett Anderson It has been a persistent problem for practitioners working within the Court of Protection (“COP”) that when holding an entitlement to costs, whether in respect of inter-partes work or for the ongoing work in the administration of a protected party’s estate, the assessment of the costs can be a protracted affair. All costs,…
Matthew Luckhurst Mediation, mediation, mediation, the incessant drumbeat of the Courts for a number of years, with the threat of costs sanctions for failing to mediate. However, the recent case of Richards & Anor –and- Speechly Bircham LLP & Anor [2022] EWHC 1512 (Comm) has seemingly poured cold water on the parade. Richards related to…
Matthew Waring The current fixed costs regime has been in place for coming up to ten years now. In this relatively short period of time there have been a number of cases go to the Court over disputes concerning fixed costs. Below is a roundup of the some decisions relating to fixed recoverable costs:- Aldred…
David Burke Recovering inquest costs in subsequent civil proceedings is often difficult with many Defendants relying on the decision in “Roach v Home Office” [2010} QB 256 and “Lynch v Chief Constable of Warwickshire Police” [2014] Inquest LR 247 in seeking to limit the recoverability of the costs as part of costs of any subsequent…
Avi Dolties Doyle v M&D Foundations & Building Services Ltd Issue – In low value ex-protocol RTA, employer’s liability and public liability claims, does an agreement for costs to be ‘subject to detailed assessment if not agreed’ amount to an agreement between the parties to dis-apply Fixed Recoverable Costs (FRC)? Claimant argument – In this…