The issue of the extreme cost incurred as a result of Clinical Negligence claims has made several news articles over recent months. A notable article published by the Guardian newspaper online (“NHS sounds compensation alarm after £120,000 lawyer bill for £5,000 claim”) claimed that a third of the £1.1bn paid out by the NHS in…
Damage based Agreements (DBAs), also known as Contingency Fee Agreements, were permitted to be used in contentious work from the 1 April 2013 following the recommendations made by Lord Justice Jackson. However, the lack of firms taking up the option was striking and the Master of the Rolls was asked to undertake a review of…
Who would have thought that one piece of paper would cost so much to a firm of Solicitors? For a long time people have assigned retainers, more specifically conditional fee agreements from one firm of Solicitors to another; however the recent case of Jones has created a storm amongst the already unclear issue of retainers. The case…
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…
Keep an eye on your costs! Unfortunately, gone are the days when solicitors could simply focus their attention on best representing their client, without the need to regularly scrutinise the level of costs being incurred. Solicitors need to now multi-task or alternatively, I would suggest they get in touch with their cost draftsman. With effect…
The Court of Appeal’s decision of Cox v Woodlands Manor Home [2015] EWCA Civ 415 has highlighted the importance of compliance with consumer cancellation regulations and its potential fatal implications for the recovery of costs. The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 (“the 2008 Regulations”) apply to consumer contracts made…
The recent High Court Judgment of O’Brien V Shorrock & The MIB [2015] addresses the issue of the information which is required to be provided in the Notice of Funding regarding the date of the Conditional Fee Agreement. The Claimant’s solicitors had entered into (signed) a Conditional Fee Agreement with the Claimant’s Litigation Friend on…
Liability for costs of Detailed Assessment proceedings where a settlement offer has been rejected and the outcome of Detailed Assessment is only marginally better than the offer. This appeal related to the decision of a Costs Master who ordered the Appellant, who won the litigation, to pay the costs of the detailed assessment proceedings. The…
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…
The definition of disease within the meaning of CPR s.45 This issue central to this claim is whether a Non-Freezing Cold Injury (NFCI) could be classified as a disease for the purposes of satisfying CPR s.45. The Claimant, a soldier, sustained NFCI whilst undertaking cold weather training in Norway, despite having alerted the army doctor…