Lindsay Woolford AB -v- Mid Cheshire Hospitals NHS Foundation Trust [2019] EWHC 1889 (QB) The recent decision in AB -v- Mid Cheshire Hospitals NHS Foundation Trust [2019] EWHC 1889 (QB) has found that the switch from Legal Aid funding to a CFA was reasonable in circumstances where the receiving party wished to instruct a preferred Expert,…
Kathryn Regan Gray -v- Commissioner of Police for the Metropolis Costs budgeting has been around for over six years now, but appeal decisions on the allowances made by Judges during this process are few and far between. A recent case of Gray -v- Commissioner of Police for the Metropolis dealt with the extent to…
Kathryn Regan, Rebecca Mogford Rattan v Carter-Ruck There has been a significant increase in legal commentary on Solicitor own Client costs and the challenges being advanced by both Solicitors and lay Clients alike recently. In the case of Rattan v Carter-Ruck, Master Leonard dealt with two Applications and his decisions will be of interest…
Wesley Swindell Hammond v SIG plc & Subsidiary Companie [2019] EWHC B7 (Costs); Ferri v Gill [2019] EWHC 952 (QB) The Case of Qader v Esure [2016] EWCA Civ 1109 set the precedent for cases that started under the EL/PL/RTA protocol. For cases that started within the Portal and were subsequently allocated to the Multi-Track,…
Rebecca Mogford West -v- Stockport NHS Foundation Trust The Judgment has provided eagerly-awaited clarity in relation to the assessment of the reasonableness and proportionality of ATE premiums in cases brought post LASPO. We have seen a significant number of cases stayed pending this decision, we are hopeful that this decision will now draw a…
Rebecca Mogford West & Demouilpied v Stockport NHS Foundation Trust New test? We say “new”, we are actually now 6 years post LASPO and 6 years since the implementation of the “new” proportionality test. We have had limited guidance in those 6 years but an awful lot of frustration regarding the inconsistency and different…
Jack Andrew Since 1st April 2013, costs litigation has been a rollercoaster, with several wide-ranging changes being made from fixed costs, cost budgeting, electronic billing and QWOCs, to name just a few. As such, dates have been permanently etched in practitioner’s minds, and, from a cursory glance at Linkedin and prominent commentators on the…
Avi Dolties XDE v North Middlesex University Hospital Trust [2019] EWHC 1482 (QB) The claim arose from a delay in the diagnosis of the Claimant’s meningitis with devastating consequences. The issues of liability and causation were concluded by agreement in July 2016 on the basis of a 98%/2% apportionment. Following the agreement in respect…
David Knowles Seekings and another v Moores and others [2019] EWHC 1476 (Comm) (7 June 2019) The above judgment relates to a Defendant’s Application for an upward revision of its Budget of approximately £130,000 for what it considered to be a significant development in the action. The litigation arises from the parties’ involvement in…
Jessica Wiggins YZ (a protected party proceeding by way of her litigation friend) v Gloucestershire Hospitals NHS Foundation Trust [2019] EWHC B4 (Costs) (11 April 2019). The question of whether or not it was reasonable for the Claimant to have moved from Legal Aid funding to CFA funding came before Master Gordon Saker in…