Lindsay Woolford Zurich Insurance Plc –v- Romaine [2019] EWCA Civ 851 A recent Court of Appeal decision has found that a Judge was wrong to ignore the tactics of “unscrupulous” Claimants and Lawyers, and has granted an Insurer permission to bring Committal Proceedings against a Claimant who had allegedly made knowingly false statements of…
Jack Andrew AssetCo PLC -v- Grant Thornton UK LLP [2019] EWHC 592 (Comm) While already a case of interest for any cost practitioner, given the requirement for electronic billing was dispensed with by the High Court. A further investigation of the case reveals perhaps a more interesting aspect concerning Part 36, and what happens…
Rebecca Mogford Solicitors Regulation Authority v Good Claimants have come under scrutiny in recent times regarding fundamental dishonesty and there has been an increase in questioning the honesty of Claimants by Defendants. However, what we haven’t seen too much of is a questioning of Solicitors’ honesty and intentions. This is not surprising given the…
Jack Holland Cook v Malcolm Nicholls Limited In the recent case of Cook v Malcolm Nicholls Limited the point was taken by the Defendant that Court fees were not payable by the Defendant but rather unrecoverable inter-partes due to the failings of the Claimant. The Defendant attempted to argue the £10,000.00 Court fee was…
Kathryn Regan Herbert -v- HH Law [2019] EWCA Civ 527 Following the amendments brought in by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, there has been a sharp rise in the number of Solicitor-Own client assessments. The latest development has come in the form of the Court of Appeal’s decision in…
Matthew Waring Lovatt v Lew Diecastings Ltd [2019] It seems to be that every week an issue relating to Fixed Costs hits the legal press and this week is no different. In the Manchester County Court, on appeal HHJ Sephton QC gave Judgement on 4th December 2018 in the case of Lovatt v Lew…
Jessica Wiggins Barts Health NHS Trust v Hilrie Rose Salmon [2019] The requirement to show “good reason” when seeking to depart from an approved Budget has recently been considered by His Honour Judge Dight CBE in Barts Health NHS Trust v Hilrie Rose Salmon [2019]. This matter concerned an appeal from a decision made…
Terri Shepherd-Taylor I v Hull & East Yorkshire Hospitals NHS Trust In the recent case of I v Hull & East Yorkshire Hospitals NHS Trust, His Honour Judge Robinson ordered that the Defendant make a further payment on account in respect of unfinished quantum costs in the sum of £150,000.00. This was a clinical…
Avi Dolties Murray v Oxford University Hospitals NHS Trust [2019] EWHC 539] This was a clinical negligence matter where following conclusion of the claim, the claimant was entitled to costs. Following service of the Bill of Costs, the Defendant put forward the submission that in view of the numerous errors in the Bill of…
Lindsay Woolford Zeromska-Smith –v- United Lincolnshire Hospitals NHS Trust [2019] 2 WLUK 375 In the recent case of Zeromska-Smith –v- United Lincolnshire Hospitals NHS Trust [2019] 2 WLUK 375 before Martin Spencer J, on 22nd February 2019 the position on a Party changing their stance and the consequential amendments of Budgets was considered. …