Update: Fixed Costs in Clinical Negligence matters

Clinical negligence cases can follow countless pathways before they settle. Unlike low value road traffic accidents or accident at work claims, the prospect of successfully implementing a standardised approach to clinical negligence claims is therefore far lower. As a result of the numerous possibilities in clinical negligence cases, it has been far more difficult for…

Relief from Sanctions in 2017: An Overview

Comparing Recent Decisions on the Granting of Relief from Sanctions and Considering the Implications Thereof The sensible place to start an article comparing recent decisions relating to relief from sanctions, is by considering the rules themselves. CPR 3.9 provides: “(1) On an Application for relief from sanctions imposed for a failure to comply with any…

Emphasis on Openness between the Parties

The judgment of Mr Justice Kerr in Topping v Ralph Tristees Ltd [2017] EWHC 1954 (QB) is another reminder of the need for parties to extend common courtesy to each other in copying their opponent into correspondence with the Court. In this case the Claimant submitted an application to the High Court seeking the Court’s clarification in…

Handling Solicitor/Client Assessments

Much of the confusion and complication surrounding solicitor-client assessments of Bills of Costs surround the mechanism for the procedure, the importance of Statute Bills and compliance with the Solicitors’ Act and thereafter CPR 46.9. Once the matter reaches the Court, the assessment should take the form of any other normal assessment of costs, albeit on…