The recent case of Jordan v MGN Ltd [2017] EWHC 1937 (Ch) is a case whereby the Claimant incurred a double penalty as a result of the late acceptance of a Defendant’s Part 36 offer. That being, not only was the Claimant penalised by way of the usual method of being deprived of all of…
Qualified One Way Costs Shifting (QOCS), one of the key changes brought about by the Jackson reforms generally means that in personal injury matters an unsuccessful Claimant does not have to pay the costs of the Defendant, unless the Claimant has entered into a Pre-April 2013 retainer. Despite the QOCS regime coming into force over…
The Court of Appeal has upheld a High Court ruling that consumers who had entered into solicitors’ conditional fee agreements in a community centre rather than the solicitors’ office (a location jointly agreed because of the large numbers attending) were not protected by the Cancellation of Contracts made in a Consumer’s Home or Place of…
Back in February then Lord Chancellor, Elizabeth Truss, reduced the discount rate from 2.5% to 0.75%. This was the first change in the discount rate since December 2001. This changed caused up-roar amongst the large insurance companies. Huw Evans, Director General of the Association of British Insurers, called the move a “crazy decision.” Mr Evans…
The Court of Appeal has overturned an earlier decision in the case of Howe v MIB [2017] EWCA Civ 932 and held that the Claimant was in fact protected by QOCS. Background The Claimant had been driving in France and was involved in a road traffic accident when he collided with a rogue wheel that…
Jagdish Lakhani (and another) v Ibrahim Sheikh Abdullah Mahmud [2017] EWHC 1713 (Ch) A Case which highlights how to conduct an Application for relief from sanctions, and the consequence of failing to act properly. There are numerous reported examples of how the 3 stage Denton test should be applied. With each new case the possibility…
A determination of unreasonable CFA terms and failure to provide a proper and accurate explanation of the same results in the agreement being set aside – a case summary Vilvarajah –v- West London Law Limited [2017] EWHC B23 (Costs) The Claimant instructed the Defendant in relation to a claim against him for professional fees of…
The rules are quite clear in respect of recovering costs as a litigant in person. CPR 46.5(2) says: ‘The costs allowed under this rule will not exceed, except in the case of a disbursement, two-thirds of the amount which would have been allowed if the litigant in person had been represented by a legal representative’.…
The unresolved issue of whether indemnity costs should be awarded following late acceptance of a Part 36 offer where judgment has not been entered has once again come before the County Courts. Where a Part 36 offer is accepted after the relevant period, CPR 36.13 (4) provides that the liability for costs must be determined…
Costs budgeting was first introduced on 1 April 2013. Ever since then practitioners have craved further guidance in its implementation and procedure as its principles have been applied somewhat inconsistently between courts and judges alike. In the case of Sir Cliff Richard OBE -v- The BBC & Chief Constable of South Yorkshire Police [2017] EWHC…