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…
The RBS Rights Issue Litigation is a highly unusual and interesting case whereby the Claimant shareholders of the Royal Bank of Scotland are seeking to recover losses incurred relating to investments following the collapse of Royal Bank of Scotland shares on the grounds that the prospectus for the 2008 rights issue of shares in Royal…
Michael Gosling v (1) Halio (2) Screwfix Direct [Claim No UD17868] Cambridge County Court, 29 April 2014 HHJ Moloney QC Qualified One Way Costs Shifting (QOCS), one of the key changes brought about by the Jackson reforms to bring costs protection to Claimants has generally meant that in any personal injury cases where the Claimant is…
Due to continued cuts in Civil Justice and the strict mandatory cost budgets in civil litigation, there is an increased risk of delay, poor decisions, and non-recovery of costs even if a case is won. Arbitration is therefore an increasingly attractive option. A procedure in which parties are able to refer a dispute to a specialist…
“Whole of split bill, less additional liabilities, subject to proportionality test, rules regional judge.” This case related to a Bill of Costs prepared on behalf of the Claimant by MRN. This was a matter that initially proceeded to a Detailed Assessment. The Bill had not been subjected to costs case management/budgeting but had been split…
Merrix v. Heart of England NHS Foundation Trust and its implications on YOUR cases 1.How do we approach quantum in light of the Merrix decision on cases subject to a Costs Management Order? Quantum should be considered in two separate stages for both “incurred costs” and “future costs”. Incurred costs are subject to assessment in…
In the recent case of ENRC v Dechert , the Claimant successfully argued that there were “special circumstances” which justified there being a Detailed Assessment of invoices Under Section 70(3) of the Solicitors Act 1974 which states : Where an application under subsection (2) is made by the party chargeable with the bill— (a)after the…