Avi Dolties Judicial Review of extension of FRCs In August 2023, APIL issued judicial review proceedings against the government challenging several elements of the new rules to extend FRC in personal injury cases. There were four key grounds to the challenge: The first was in relation to clinical negligence claims, in particular the failure to…
Avi Dolties On review of the minutes, there are more fixed costs updates in February’s CPRC minutes: Clinical Negligence sub £25k proposals were not reported on in February. Reporting was delayed to 1 March. Master Cook confirmed progress was ongoing. An update therefore remains awaited. New Section X for Fixed Costs Determination to be introduced.…
Avi Dolties Patel and others v Awan and another [2024] EWHC 464 (Ch) The proceedings related to Part 8 claim for an order sale in respect of a property in Clapham. The matter proceeded to Trial and the Claimants were successful. The final Order provided that the Defendants be jointly and severally liable to pay…
Avi Dolties Baldudak v Matteo (Re Costs) [2024] EWHC 301 (Ch) The proceedings related to two business partners in a 50/50 joint venture. This was a second set of proceedings resulting from the acrimonious breakdown of their relationship. The issue in these proceedings was the determination of the beneficial owner of a freehold commercial property.…
Avi Dolties Northampton General Hospital NHS Trust v Hoskin The main issue to be considered was whether the receiving party was required to provide a breakdown of a medical agency fee. The substantive claim was settled in 2020 when the Claimant accepted the Defendant’s part 36 offer. The claim for costs was agreed save for…
Avi Dolties Part 36 Round-Up IEH v Powell [2023] EWHC 1037 (KB) – ‘in righteousness shall you judge’ Leviticus 19:15-16 In this matter, the Court deliberated as to whether the normal Part 36 consequences should apply in the case of a child who sustained a serious brain injury where the Claimant had accepted a Part…
Various Sam Borrowers v BOS (Shared Appreciation Mortgages) No. 1 Plc & Ors [2022] EWHC 2594 Avi Dolties Issue – Cost Budgeting Background –The claim relates to a comprise claims brought by 161 consumers, many of whom were now elderly, infirm or deceased, over being mis-sold a shared appreciation mortgage, sold by the defendants between…
Associated Newspapers Ltd v Buckingham Group Contracting Ltd (Cost Budgeting) [2022] EWHC 2767 (TCC) Avi Dolties Issue – Cost Budgeting Background –The claim relates to a construction dispute whereby the Claimant alleges various defects with the works and site of the plot. Damages are estimated to be worth as much as £10m. The matter proceeded…
Avi Dolties CXS v Maidstone and Tunbridge Wells NHS Trust [2023] EWHC 14 (KB) Issue – The first issue was the Claimant’s application for a further interim payment on account of costs and the second issue was the Defendant’s application for a costs management order. Background – The claim relates to a clinical negligence matter…
Avi Dolties Doyle v M&D Foundations & Building Services Ltd Issue – In low value ex-protocol RTA, employer’s liability and public liability claims, does an agreement for costs to be ‘subject to detailed assessment if not agreed’ amount to an agreement between the parties to dis-apply Fixed Recoverable Costs (FRC)? Claimant argument – In this…