Merrix v. Heart of England NHS Foundation Trust and its implications on YOUR cases 1.How do we approach quantum in light of the Merrix decision on cases subject to a Costs Management Order? Quantum should be considered in two separate stages for both “incurred costs” and “future costs”. Incurred costs are subject to assessment in…
In the recent case of ENRC v Dechert , the Claimant successfully argued that there were “special circumstances” which justified there being a Detailed Assessment of invoices Under Section 70(3) of the Solicitors Act 1974 which states : Where an application under subsection (2) is made by the party chargeable with the bill— (a)after the…
Sharp v Leeds City Council [2017] EWCA Civ33 Confirming that the Costs of a Pre-Action Disclosure are limited by the fixed costs regime. Summary Sharp v Leeds City Council [2017] EWCA Civ33 addresses the cost consequences of a PAD Application when the substantive matter is subject to the fixed costs regime as set out in…
The nature of how law firms charge clients and make money is in flux. Many changes have already taken place and more are in the pipeline beyond 2016. Keeping one step ahead of the rules and the Judiciary is a sure-fire way of ensuring you are not caught out and remain profitable through challenging times.…
PLEASE SEE UPDATE OF THIS CASE HERE In a Post-Jackson World Only One Thing is Close to Certain: the Height of the Ceiling Background Of the various desired outcomes of the Jackson reforms, ‘certainty of costs’ was amongst the forerunners. Of the numerous bodies who were consulted as part of the investigations there was universal agreement…
With effect from the 1st October 2015, CPR 47.6 was amended to alter the requirements for the commencement of Detailed Assessment proceedings. In cases in which a costs management Order has been made, a breakdown of the costs for each phase of the proceedings must be provided. This means that the Court will be paying even…
With the Jackson reforms bringing fixed costs to RTA, EL & PL claims, a Commercial Court Judge stated that a tariff of recoverable costs would likely be introduced in the commercial arena. Mr Justice Flaux was addressing litigators at the Law Society’s commercial litigation conference when he said ‘My own view is that where we are heading…
As you may be aware, there has been long standing concern with regard to the time taken to bring commercial matters to trial. As a result a pilot has been commenced in the Rolls Buildings Courts (the Patents Court and the Companies Court, the Commercial Court, the London Mercantile Court and the Technology and Construction…
Definition of a Contested Trial The Claimant was involved in a Road Traffic Accident. The Second Defendant was driving the Claimant’s vehicle when it collided with the First Defendant’s vehicle. Liability for the accident was disputed between the First and Second Defendant. Directions were given for allocation of a consolidated action to the Fast Track…
Relief from Sanctions This appeal was brought following three decisions handed down by Master Haworth on detailed assessment of the Claimant’s costs. The first decision confirmed that the Claimant had failed to provide a CPD 32.5(2)(c) compliant statement of additional liabilities, the second decision related to Master Haworth’s decision to refuse relief from sanction under…