Melissa Parnham Indemnity v Standard costs – The importance of ADR and the type of offers made In Jagger v Holland [2020] EWHC 1197 (QB) a successful Defendant was not permitted to recover costs on the indemnity basis partially due to a failure to engage in ADR, despite making a time limited offer during the…
To what extent and when should Counsel’s brief fee be recoverable where a matter settles shortly before a hearing? The issue was recently considered in a challenge to a detailed assessment in Hugh Cartwright & Amin v Devoy-Williams and another [2018] EWHC 1692 (QB) (4 July 2018) (Davies J). The case involved a dispute over an…
Whilst it is long been established that a Part 36 offer of 100% is not considered a genuine attempt to settle for the purpose of obtaining advantages following the expiry of the relevant period of a Part 36 offer, the position in respect of some other liability offers is not always straightforward. The issue came…
Premier Motorauctions v PwC & Lloyds [2017] EWCA Civ 1872 In the recent case of Premier Motorauctions v PwC & Lloyds [2017] EWCA Civ 1872 the Court of Appeal held unanimously that ATE insurance did not constitute sufficient security for costs and accordingly that ATE insurance did not remove the jurisdiction to order security. The…
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…