Lindsay Woolford AB -v- Mid Cheshire Hospitals NHS Foundation Trust [2019] EWHC 1889 (QB) The recent decision in AB -v- Mid Cheshire Hospitals NHS Foundation Trust [2019] EWHC 1889 (QB) has found that the switch from Legal Aid funding to a CFA was reasonable in circumstances where the receiving party wished to instruct a preferred Expert,…
Lindsay Woolford Zurich Insurance Plc –v- Romaine [2019] EWCA Civ 851 A recent Court of Appeal decision has found that a Judge was wrong to ignore the tactics of “unscrupulous” Claimants and Lawyers, and has granted an Insurer permission to bring Committal Proceedings against a Claimant who had allegedly made knowingly false statements of…
Lindsay Woolford Zeromska-Smith –v- United Lincolnshire Hospitals NHS Trust [2019] 2 WLUK 375 In the recent case of Zeromska-Smith –v- United Lincolnshire Hospitals NHS Trust [2019] 2 WLUK 375 before Martin Spencer J, on 22nd February 2019 the position on a Party changing their stance and the consequential amendments of Budgets was considered. …
In the recent case of Yirenki v Ministry of Defence [2018] 11 WLUK 53 the Claimant Appealed against a Costs Management Order of Master Davison and succeeded. The Facts: Following a Costs Case Management Conference, Master Davison made an Order approving the Claimant’s Costs Budget in the total sum of £206,670.00, and the Defendant’s…
Powell & Ors v The Chief Constable of West Midlands Police [2018] EWHC B12 (Costs) The Facts: The Claimants sought to bring an action following the death of Mikey Powell whilst he was in police custody. The Police were called because Mr Powell had deteriorating mental health problems; the Police car arrived and deliberately drove the…
The Facts: The Court of Appeal has handed down an extremely important decision this month, which has seen a successful Claimant have their Assessment Costs halved due to the issue of misconduct by claiming a higher hourly rate than she was entitled to. In Gempride Ltd –v- Bamrah & Anor [2018] EWCA Civ 1367 the…
Record Providers will now have to change how they respond to Subject Access Requests under the new General Data Protection Regulation (GDPR), which came into force on 25th May. How does GPDR change Subject Access Requests? Several aspects of how Subject Access Requests are dealt with have changed as follows: Record Providers will no longer…
The new Practice Direction updates the previous Practice Direction by making reference to the Insolvency Rules 2016, taking account of recently decided cases and changes with regards to the Business and Property Courts Practice Direction, specifying new arrangements for the distribution of insolvency business across the different levels of the Judiciary, and clarifying the routes…
It has today been confirmed that Fixed Recoverable Costs will now also be extended to Holiday Sickness Claims. The Government requested that the Civil Procedure Rule Committee reviewed the position last year to look at bringing Holiday Sickness Claims within the Fixed Recoverable Costs Regime, following the Travel Industry’s Campaign for review, similar to that…
The issue of the definition of “win” and the assignment of CFA’s was recently considered by Master Leonard in Warren v Hill Dickinson LLP [2018] EWHC B6 (Costs). The Facts: Over a period of years, and in respect of a variety of matters, Mr Warren was represented by Ms Basha, a Solicitor, who moved Firms…