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Daily Archives: 22nd November 2018

A Costly Exercise to Prove a Liability to Pay

Cost NewsBy Kathryn Regan22nd November 2018

Slade (t/a Richard Slade And Co) v Abbhi [2018] EWHC 2039 (Comm)   Following a three-day Trial, the High Court found in favour of a Solicitor in respect of the terms of an oral agreement. With the benefit of hindsight, the Solicitor might have preferred to have put the agreement in writing.   Background of…

Unenforceable CFA for failure to state the Success Fee in Percentage Terms

Cost NewsBy Wayne Thorpe22nd November 2018

Worley –v- Persimmon Homes (West Yorkshire) The Claimant had tripped and fell due to a protective nosing on a flight of stairs becoming partially detached, which presented a hazard. In pursing the claim against the Defendant, the Claimant had entered into a CFA dated 21 June 2012, backed by a Temple Legal Protection ATE Insurance…

ATE Premium – ‘Check the calculation’ says Master James

Cost NewsBy Avi Dolties22nd November 2018

AR v Barts Health NHS Trust, Claim Number HQ14X01928 The ability to recoup ATE premiums from paying parties in litigation on the whole ended with effect from the 1st April 2013 in relation to policies incepted on or after that date. The Recovery of ATE Premiums in Clinical Negligence Proceedings (no. 2) Regulations 2013 (the…

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