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Daily Archives: 8th December 2017

Sympathy for the Defendant? – No, Pleased to Meet You, but You’ll Still Have to Pay

Cost NewsBy Daniel Murray8th December 2017

Percy v Anderson-Young This is a case whereby the Court held that an ATE Premium in the sum of £533,107.13 claimed on behalf of the Claimant was recoverable.   Background By way of a brief background to this case, the Claimant was involved in a road traffic accident in October 2005, when she was just…

Ex Portal File Settling for £350,000.00 – Attracts Fixed Costs

Cost NewsBy Daniel Murray8th December 2017

Jackson v Barfoot Farms (unreported), Canterbury County Court The above unreported decision has come to light which highlights flaws in the changes to CPR 45.29 brought about by The Civil Procedure (Amendment) Rules 2017; those changes being, that the words “but not more than £25,000.00” are removed throughout the CPR 45.29 fixed costs tables The…

The Impact of ATE Insurance on Security for Costs

Cost NewsBy Melissa Parnham8th December 2017

Premier Motorauctions v PwC & Lloyds [2017] EWCA Civ 1872 In the recent case of Premier Motorauctions v PwC & Lloyds [2017] EWCA Civ 1872 the Court of Appeal held unanimously that ATE insurance did not constitute sufficient security for costs and accordingly that ATE insurance did not remove the jurisdiction to order security. The…

Budana –v- Leeds Teaching Hospitals NHS Foundation Trust (2017, EWCA Civ 1980)

Cost NewsBy Louise Satterthwaite8th December 2017

Intentions of the Parties Made Clear in the Assignment of a CFA, Rendering an Appeal Decision that the Transfer of the Retainer was Valid and Enforceable In one of the most significant costs cases to be heard since the recent reforms the Court of Appeal has now released the judgment in the case of Budana…

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