High Court considers whether deed of indemnity from ATE insurer is adequate security for costs

Recovery Partners GB Limited and Another v Rukhadze and Others [2018] EWHC 95 (Comm) High Court considers whether deed of indemnity from ATE insurer is adequate security for costs. The Claimants’ solicitors provided an undertakings to hold sums of money as security for certain costs, which the Defendants accepted. However, the Claimants subsequently sought to…

CPR 44 has sufficient width to enable a court to order fixed portal fixed costs when there is unreasonable failure to use Protocol

Williams v The Secretary of State for Business, Energy & Industrial Strategy [2018] EWCA Civ 852  Claim details This Court of Appeal case looks at the CPR 44 conduct provisions and that failing to use the protocols set out therein could lead to fixed costs being awarded. The Claimant’s claim was for damages associated with hearing…

Insurer still liable for Solicitors costs when settlement is agreed directly with the Claimants

Gavin Edmondson Solicitors Ltd v Haven Insurance Company Ltd [2018] UKSC 21 This case involved six Claimants who were involved in road traffic accidents with the drivers being insured by Haven Insurance Company. The individuals involved instructed and entered into CFAs with Gavin Edmondson Solicitors Ltd. As required under the Pre-action Protocol for Low Value…

Indemnity Costs Awarded due to an Argument not Made – Secretary of State for the Home Department v Barry [2018] EWCA Civ 790

Secretary of State for the Home Department v Barry [2018] EWCA Civ 790 There are often circumstance when a case is built around more than one argument. Often one argument is the primary submission or basis for a claim with further arguments being ‘in the alternative’ or ‘further to’ arguments, separate from the primary case,…