Intentions of the Parties Made Clear in the Assignment of a CFA, Rendering an Appeal Decision that the Transfer of the Retainer was Valid and Enforceable In one of the most significant costs cases to be heard since the recent reforms the Court of Appeal has now released the judgment in the case of Budana…
Budana v Leeds Teaching Hospital NHS Trust and the Law Society (Intervener) [2017]EWHC Civ 1980 Background Since the abolition of success fees in LASPO, there have been various arenas of debate regarding the application of the transitional provision at Section 44(6) of the Act. The transitional provision establishes that success fees continue to be recoverable…
Peterborough & Stamford Hospitals NHS Trust v McMenemy & Ors [2017] EWCA Civ 1941 Two appeals on the recoverability of ATE premiums in low value clinical negligence claims post LAPSO. Background The two appeals concerned the recovery of After the Event (“ATE”) insurance premiums in clinical negligence cases. In each case the claimant took out…
Freeborn & Anor v Marcal (t/a Dan Marcal Architects) [2017] EWHC 3046 (TCC) An account which details the claimant declaring a late budget to the opposition, in which relief from sanctions was applied for by the defendant. In the case of Freeborn & Anor v Marcal (t/a Dan Marcal Architects) [2017] EWHC 3046 (TCC), the Court sent a letter…
Optical Express Ltd & Ors v Associated Newspapers Ltd [2017] EWHC 2707 (QB) (03 November 2017) An application to consider whether it was ‘unjust’ to award the normal orders following late acceptance of a Part 36 offer. Background The Claimants in this action were companies involved in the operation of Optical Express. One of Optical…
The Governors and Company of the Bank of Ireland (1) and Bank of Ireland (UK) PLC (2) v Watts Group PLC [2017] EWHC 2472 (TCC) Facts: The case concerned the Claimant bank bringing professional negligence proceedings against the Defendant, arising out of the failure of a development company to whom the bank had lent…
Sharp & Ors v Blank & Ors [2017] EWHC 141 (Ch) Practice Direction 3E – Cost Management, establishes that parties in Multi-Track claims valued at less than £10 million must file and exchange budgets. The case will then be subject to cost management. But what about cases with a value exceeding £10 million? When will…
In the recent case of Richard Slade and Company Solicitors v Boodia & Anor [2017] EWHC 2699 (QB), Mrs Justice Slade considered an appeal by the Solicitors Firm (the Defendant) from a Judgement given by Master James in the Senior Courts Costs Office. Background The case surrounded Richard Slade and Company Solicitors “the firm” and Mr &…
The case of Howlett v Davis was recently before the Court of Appeal following the Trial Judge, Deputy District Judge Taylor, finding the claim to be fundamentally dishonest and granting the Second Defendant, Ageas Insurance, permission to enforce a costs Order against the Claimants. The Court of Appeal held that, despite the insurer not pleading…
7 November, 2017 Judgement for the long awaited appeal of BNM v MGN has been handed down in the last hour with a success for the Claimant, BNM. The Claimant has been successfully able to persuade the Court of Appeal that the Senior Costs Judge was incorrect to rule that the new test of proportionality…