The post LASPO era has not exactly been the ‘golden years’ for personal injury lawyers. Among the main changes was in relation to success fees. Success fees that were awarded to solicitors upon entering into a CFA would now no longer be recoverable from the paying party and instead would be payable by the Claimant.…
In the recent case of Imansouren v Ocado Central Services Limited, the Claimant’s conduct resulted in his stage 3 ATE premium of £94,000 being assessed at Nil. The issue arose from a personal injury claim brought by the Claimant against the Defendant, his employers, following an accident in July 2012. As such the relevant rules…
In the recent case of Yirenki v Ministry of Defence [2018] 11 WLUK 53 the Claimant Appealed against a Costs Management Order of Master Davison and succeeded. The Facts: Following a Costs Case Management Conference, Master Davison made an Order approving the Claimant’s Costs Budget in the total sum of £206,670.00, and the Defendant’s…
In the recent case of Hosking & Anor v Apax Partners LLP & Ors [2018] EWHC 2732 (Ch) (18 October 2018) Mr Justice Hildyard has reaffirmed the position for an award of Indemnity Costs for the discontinuance of a claim should the circumstances fall outside of the norm. The Applicants were liquidators seeking to impugn…
Manjit Gill v Heer Manak Solicitors [2018] EWHC 2881 Background Mr Manjit Gill, (hereafter referred to as the Appellant for simplicity) was involved in litigation pursued by HMRC. There were six Defendants to HMRC’s claim, the first three Defendants had unpaid tax liabilities, the Appellant was the sixth Defendant who had no allegations of…
Page v RGC Restaurants Ltd [2018] EWHC 2688 (QB) This case involved a claim for personal injury after the Claimant suffered an allergic reaction from eating cashew nuts at the Defendant’s café, despite previously warning them of his allergy. Proceedings were issued in the substantive matter and a CCMC was listed with the parties to file…
LINK UP MITAKA LIMITED trading as THEBIGWORD -v- LANGUAGE EMPIRE LIMITED & YASAR ZAMAN The Rules Section IV of CPR 45 provides for scale costs for claims in the Intellectual Property Enterprise Court. The practice direction sets out the maximum amount that can be awarded at each stage in the proceedings. However, CPR 45.30…
In the recent decision of Culliford & Anor –v- Thorpe [2018] EWHC 2532 (Ch) HHJ Matthews held that it was possible for the Court to make an Order for an interim payment of costs after the date on which Judgment was given. The Facts On 8th March 2018 HHJ Matthews handed down reserved Judgment in…
In the recent case of Reynolds v One Stop Stores Limited (unreported), an appeal in the County Court at Norwich and Cambridge, the Court gave further guidance of the approach to take to the issue of proportionality. The claim for costs arose from an employer liability claim following an injury to the Claimant’s wrist in…
In the recent case of Mr Douglas Hague v British Telecommunications Plc attention has been drawn to the importance of attendance notes in supporting agreements between the parties when a point is contested. The circumstances of this claim pertain to the Claimant, Mr Douglas Hague, who was diagnosed with malignant pleural mesothelioma. Settlement was achieved…