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…
Sharp v Leeds City Council [2017] EWCA Civ33 Confirming that the Costs of a Pre-Action Disclosure are limited by the fixed costs regime. Summary Sharp v Leeds City Council [2017] EWCA Civ33 addresses the cost consequences of a PAD Application when the substantive matter is subject to the fixed costs regime as set out in…
The nature of how law firms charge clients and make money is in flux. Many changes have already taken place and more are in the pipeline beyond 2016. Keeping one step ahead of the rules and the Judiciary is a sure-fire way of ensuring you are not caught out and remain profitable through challenging times.…
PLEASE SEE UPDATE OF THIS CASE HERE In a Post-Jackson World Only One Thing is Close to Certain: the Height of the Ceiling Background Of the various desired outcomes of the Jackson reforms, ‘certainty of costs’ was amongst the forerunners. Of the numerous bodies who were consulted as part of the investigations there was universal agreement…
With effect from the 1st October 2015, CPR 47.6 was amended to alter the requirements for the commencement of Detailed Assessment proceedings. In cases in which a costs management Order has been made, a breakdown of the costs for each phase of the proceedings must be provided. This means that the Court will be paying even…