Do fixed costs apply to the defendant?

Jack Andrew   Woodward -v- Hyder The above heading represents an interesting question sometimes asked by clients. If a fixed costs case is unsuccessful from a Claimant’s perspective, is the Defendant entitled to costs on an hourly rate basis or are they fixed?   Woodward -v- Hyder Well, the recent Court of Appeal decision in…

Appealing a costs budgeting decision

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…

Challenging agreements?

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…

Escaping Fixed Costs is a Ferri-Tale

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,…

New clarity for block-rated ATE Premiums

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…

The pre-LAPSO switch doesn’t appear to be working!

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…

Revision of Budgets for Significant Developments

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…