In the recent case of Sirketi v Kupeli & Ors [2018] EWCA Civ 1264 the Court of Appeal overturned an order for costs in favour of the Claimants with an order for no costs. The claims, which were never formally incorporated into a Group Litigation Order but were joined and managed together with one firm…
A review of the decision in Harrap v Brighton & Sussex University Hospitals NHS Trust [2018] EWHC 1063 (QB) The recent decision in Harrap v Brighton & Sussex University Hospitals NHS Trust [2018] EWHC 1063 (QB) contains salient lessons to ensure witness evidence is fully pleaded and sets out the “full story”. The matter was…
Record Providers will now have to change how they respond to Subject Access Requests under the new General Data Protection Regulation (GDPR), which came into force on 25th May. How does GPDR change Subject Access Requests? Several aspects of how Subject Access Requests are dealt with have changed as follows: Record Providers will no longer…
Much has been made of the comments of Chief Master Marsh in Leslie & Others v MGN Limited [[2018] EWHC 1244 (Ch)] at paragraphs 38-48 specifically with regard to the witness evidence phase of a budget. To set the scene, the case is one brought by John Leslie, Chantelle Houghton and others, in the second…
Nicolaou v Cass (2017) Claim Number B04LV651 in the Liverpool County Court This was a Clinical Negligence claim which settled for £250,000.00, costs were then to be dealt with. As part of the costs, the Claimant sought to recover an ATE Premium of £53,145.00 plus IPT, ARAG were the insurers in this instance. The matter…
Mrs. Francois v Barclays Bank plc [2017] EWCH 3531 (QB) in the Queen’s Bench Division of the High Court the Judge allowed an appeal against a costs order, which had been made by a Circuit Judge. The appellant, Mrs Francois, (F) issued a small claim against the respondent Bank (B) for race discrimination. The claim…
Lords Ltd v HSBC Bank Plc [2018] EWHC 860 (Comm) The main action arose from an investment made by the Claimant in 2007 in two financial products (bonds or policies) issued by the Defendant with minimum terms of 5 years. The sums involved were not insubstantial. The Claimant alleged that the bonds or policies were…
Sir Kevin Barron MP & Others v Jane Collins MEP & UKIP [2018] EWHC 253 (QB) This is a judgment by Mr Justice Warby in relation to a third-party costs order against the Second Defendant, UKIP. UKIP agreed to be joined to the action for the purposes of resolving whether it should pay costs incurred…
The implications of using these two different negotiation tactics were deemed “both real and important” in Marcura Equities FZE & Anor v Nisomar Ventures & Anor [2018] EWHC 523 (QB). Communications “Without Prejudice” allow disputing parties to negotiate freely and protect themselves from repercussions of future prejudice but most importantly they are not admissible in…
Costs issues can arise at any point, before, during or after litigation. When a small, discrete point crops up it’s the temptation of many litigators to try and deal with the issue themselves. After all how hard can it be? This approach can lead to some peril, as was highlighted in the recent case of…