Changes to the Costs of Costs Budgeting

The 93rd Update on Practice Directions Changes have been made to the costs that can be recovered in relation to the cost budgeting process. The 93rd update on Practice Directions amendments came into force on 22 November 2017 and will apply to all cases subject to cost budgeting. Costs Practice Direction 3E, paragraph 7.2 formerly read;…

One Step Forward, Two Steps Back In Decision From The Court of Appeal – The Ongoing Battle on Recoverability of Low Value Clinical Negligence ATE Premiums

Peterborough & Stamford Hospitals NHS Trust v McMenemy & Ors [2017] EWCA Civ 1941 Two appeals on the recoverability of ATE premiums in low value clinical negligence claims post LAPSO. Background The two appeals concerned the recovery of After the Event (“ATE”) insurance premiums in clinical negligence cases. In each case the claimant took out…

Claimant’s Poor Conduct key factor in Court dis-applying normal orders for late acceptance of Part 36 offer.

Optical Express Ltd & Ors v Associated Newspapers Ltd [2017] EWHC 2707 (QB) (03 November 2017) An application to consider whether it was ‘unjust’ to award the normal orders following late acceptance of a Part 36 offer. Background The Claimants in this action were companies involved in the operation of Optical Express. One of Optical…