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…
Matthew Waring Litigant in Person Costs: Michael Earl Wilson v John Forster Emmott [2023] EWHC 816 (KB) The thorny issue of whether a Solicitor should be restricted to Litigant in Person costs was considered. There have been a number of cases over the years which deal with this, however much of the issue turns on…
Avi Dolties Part 36 Round-Up IEH v Powell [2023] EWHC 1037 (KB) – ‘in righteousness shall you judge’ Leviticus 19:15-16 In this matter, the Court deliberated as to whether the normal Part 36 consequences should apply in the case of a child who sustained a serious brain injury where the Claimant had accepted a Part…
Rebecca Mogford As many practitioners will be aware of, the assessment of Court of Protection bills has been somewhat of an issue in the last 12 months+. There have been significant delays in the processing side and the actual assessment of the bills. However, the Court have been pro-active in trying to keep everyone up…
Various Claimants v News Group Newspapers Ltd [2023] EWHC 827 (SCCO) and Manek & Ors v 360 One WAM Ltd & Ors (Re Consequentials) [2023] EWHC 985 (Comm) Lindsay Woolford As has been well documented, there have been a number of recent decisions concerning the issue of Guideline Hourly Rates and the application of the…