Kathryn Regan Latest updates in the world of costs The approved minutes of the CPRC meetings which took place on 1 December 2023 and 2 February 2024 became available recently. In the December meeting, it was noted that a report in respect of fixed recoverable costs in clinical negligence claims had been provisionally scheduled for…
Matthew Waring The recent case of Reid –v- Wye Valley NHS Trust [2023] EWHC 2843 (KB) provides a timely reminder as to the Court’s power when they are making an Order for Costs. At a Case Management Hearing, the usual Order is “costs in the case”. As that may be, the Court does hold discretion…
Avi Dolties Coram v DR Dunthorn & Son Ltd [2024] EWHC 672 (KB) The matter related to an appeal against a decision of the Deputy Costs Judge Joseph on 30 March 2023 to disallow Leading Counsel’s fees. The substantive claim arose out of the Claimant’s mother’s death from mesothelioma. It was the Defendant’s case that…
Avi Dolties Hadley -v- Przybylo [2024] EWCA Civ 250 The proceedings related to a personal injury claim. The Defendant drove into the back of the Claimant’s car, shunting it into the path of an oncoming vehicle. The claimant suffered catastrophic injuries. He was transferred to a series of rehabilitation centres following which on 4 August…
Avi Dolties Deutsche Bank AG v Sebastian Holdings Inc and another [2024] EWCA Civ 245 The appeal arose from a point of construction on s. 24(2) of the Limitation Act 1980, as to when time commences to run for limitation purposes on interest on costs. The matter proceeded to Trial in November 2013 and the…
Avi Dolties Judicial Review of extension of FRCs In August 2023, APIL issued judicial review proceedings against the government challenging several elements of the new rules to extend FRC in personal injury cases. There were four key grounds to the challenge: The first was in relation to clinical negligence claims, in particular the failure to…
Avi Dolties On review of the minutes, there are more fixed costs updates in February’s CPRC minutes: Clinical Negligence sub £25k proposals were not reported on in February. Reporting was delayed to 1 March. Master Cook confirmed progress was ongoing. An update therefore remains awaited. New Section X for Fixed Costs Determination to be introduced.…
Avi Dolties Patel and others v Awan and another [2024] EWHC 464 (Ch) The proceedings related to Part 8 claim for an order sale in respect of a property in Clapham. The matter proceeded to Trial and the Claimants were successful. The final Order provided that the Defendants be jointly and severally liable to pay…
Avi Dolties Baldudak v Matteo (Re Costs) [2024] EWHC 301 (Ch) The proceedings related to two business partners in a 50/50 joint venture. This was a second set of proceedings resulting from the acrimonious breakdown of their relationship. The issue in these proceedings was the determination of the beneficial owner of a freehold commercial property.…
Avi Dolties Northampton General Hospital NHS Trust v Hoskin The main issue to be considered was whether the receiving party was required to provide a breakdown of a medical agency fee. The substantive claim was settled in 2020 when the Claimant accepted the Defendant’s part 36 offer. The claim for costs was agreed save for…