David Burke Recovering inquest costs in subsequent civil proceedings is often difficult with many Defendants relying on the decision in “Roach v Home Office” [2010} QB 256 and “Lynch v Chief Constable of Warwickshire Police” [2014] Inquest LR 247 in seeking to limit the recoverability of the costs as part of costs of any subsequent…
David Burke A decision which may have been missed by many is the County Court decision of HHJ Rawlings in Hardy v Skeels (4th March 2021, County Court at Stoke) relating to the “Court fees only” sanction applicable in accordance with CPR 3.14 upon the late filing of a Costs Budget. A CCMC had…
David Burke In the recent case of Heathfield International LLC v Axiom Stone” (London) Ltd [2020] EWHC 1075 (Ch) the 2nd Defendant filed their Costs Budget out of time. They issued an application for relief from sanction and may well have expected to obtain the same in light of the approach to be taken following “Denton”…
David Burke After a long and busy summer, we thought it would be useful to summarise the recent decisions made in respect of CPR36. In Knight & Anor v Knight & Ors (Costs) [2019] EWHC 1545 (Ch) HHJ Matthews (sitting as a High Court Judge) was asked to consider whether or not a Part…
David Burke Arcadia Group, Topshop/Topman Limited & Sir Philip Green v Telegraph Media Group Limited [2019] EWHC 96 (QB) Many of you will no doubt be aware of the recent decision by Mr. Justice Warby in the recent case of Arcadia Group, Topshop/Topman Limited & Sir Philip Green v Telegraph Media Group Limited [2019] EWHC 96…
In the recent case of Imansouren v Ocado Central Services Limited, the Claimant’s conduct resulted in his stage 3 ATE premium of £94,000 being assessed at Nil. The issue arose from a personal injury claim brought by the Claimant against the Defendant, his employers, following an accident in July 2012. As such the relevant rules…
In the recent case of Reynolds v One Stop Stores Limited (unreported), an appeal in the County Court at Norwich and Cambridge, the Court gave further guidance of the approach to take to the issue of proportionality. The claim for costs arose from an employer liability claim following an injury to the Claimant’s wrist in…
The recent case of JXA v Kettering General Hospital NHS Foundation Trust [2018] EWHC 1747 (QB) provides interesting reading regarding the continued importance of Wraith v. Sheffield Forgemasters Ltd, Truscott v. Truscott [1998] 1 WLR 132 (CA) and once again highlights the broad discretion available to a Judge under CPR44.4. The substantive action was a…
A review of the decision in Harrap v Brighton & Sussex University Hospitals NHS Trust [2018] EWHC 1063 (QB) The recent decision in Harrap v Brighton & Sussex University Hospitals NHS Trust [2018] EWHC 1063 (QB) contains salient lessons to ensure witness evidence is fully pleaded and sets out the “full story”. The matter was…