Hourly Rates – A Judge’s Discretion

The recent case of JXA v Kettering General Hospital NHS Foundation Trust [2018] EWHC 1747 (QB) provides interesting reading regarding the continued importance of Wraith v. Sheffield Forgemasters Ltd, Truscott v. Truscott [1998] 1 WLR 132 (CA) and once again highlights the broad discretion available to a Judge under CPR44.4. The substantive action was a…

CFA with wrong Defendant – a narrow escape!

Malone v Birmingham Community NHS Trust [2018] EWCA Civ 1376 Wrongly named Defendants in CFAs is a recurring issue with various non-binding and conflicting decisions on the issue including Brierley v Prescott [2006] EWHC 90062 (Costs), Law v Liverpool City Council [2005] EWHC 90020 (Costs), Scott v Transport for London (2009) (unreported) and Brookes v…

Statute Bills –v- Interim Bills

This is an ongoing issue and one that crops up on a lot of cases that we see come through our doors. In the first instance, in Sprey v Rawlison Butler LLP [2018] EWHC 354 (QB) Master Rowley found that the monthly bills delivered to a client by his Solicitor under a discounted CFA were statute Bills.…

Part 36 v Dishonesty

Tuson v Murphy [2018] EWCA Civ 1461 This claim concerned personal injuries sustained by the Claimant as a result of a horse riding accident at the Defendant’s riding school in August 2010. The Defendant accepted liability, but disputed quantum. Proceedings were issued in August 2013 by which time, the Claimant had given up her work…