Hanley v JC & A Solicitors Ltd [2017] EWHC B28 (Costs) (19 December 2017) The Judiciary’s concern in “opening the floodgates” for considerable satellite litigation, if they rule that Solicitors can be Ordered to hand over their complete file in circumstances such as these Background This decision of the High Court follows in quick succession,…
W Portsmouth and Company Ltd –v- Lowin [2017] EWCA Civ 2172 There has been an interesting decision to come out of the Court of Appeal recently, where it was held that even when the Receiving Party has beaten their own Part 36 Offer on costs, the cap on the costs of Provisional Assessment still continues…
Green & Ors v SGI Legal LLP [2017] EWHC B27 (Costs) The judgment addressed four separate Part 8 applications for delivery up of papers, made under section 68(1) of the Solicitors Act 1974 by four former clients of the Respondent. Master Leonard in his judgment highlighted that the Senior Courts Costs Office had, over the…
Our Solicitor and Accredited Mediator Avi Dolties discusses costs mediation and its benefits. Click the image below to read and find out more of Avi’s article published in ‘Litigation Funding,’ the Law Society’s guide to finance and costs, December 2017 edition. A special thanks goes out to Rachel Rothwell, editor of Litigation Funding magazine. Avi Dolties
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;…
Lowin v W Portsmouth and Co Ltd [2016] EWHC 2301 (QB) In Lowin v W Portsmouth and Co Ltd [2016] EWHC 2301 (QB) the Queen’s Bench Division of the High Court held that where a receiving party matched or beat its own Part 36 offer in provisional assessment proceedings it was entitled to costs on the indemnity…
Percy v Anderson-Young This is a case whereby the Court held that an ATE Premium in the sum of £533,107.13 claimed on behalf of the Claimant was recoverable. Background By way of a brief background to this case, the Claimant was involved in a road traffic accident in October 2005, when she was just…
Jackson v Barfoot Farms (unreported), Canterbury County Court The above unreported decision has come to light which highlights flaws in the changes to CPR 45.29 brought about by The Civil Procedure (Amendment) Rules 2017; those changes being, that the words “but not more than £25,000.00” are removed throughout the CPR 45.29 fixed costs tables The…
Premier Motorauctions v PwC & Lloyds [2017] EWCA Civ 1872 In the recent case of Premier Motorauctions v PwC & Lloyds [2017] EWCA Civ 1872 the Court of Appeal held unanimously that ATE insurance did not constitute sufficient security for costs and accordingly that ATE insurance did not remove the jurisdiction to order security. The…
Intentions of the Parties Made Clear in the Assignment of a CFA, Rendering an Appeal Decision that the Transfer of the Retainer was Valid and Enforceable In one of the most significant costs cases to be heard since the recent reforms the Court of Appeal has now released the judgment in the case of Budana…