civil procedure rules – Page 14 – Current Awareness

Ainsworth v Stewarts Law – the Court of Appeal gives guidance on solicitor/client costs disputes – Hardwicke Chambers

Posted February 19th, 2020 in appeals, case management, chambers articles, civil procedure rules, costs, news, practice directions, solicitors by sally

‘This decision is important for any professional involved in solicitor and client disputes. The judgment is another example of the senior courts being willing to uphold robust case management decisions of first instance judges. Here the court held that “the judge was entitled to take the course he did which was well within the ambit of the proper exercise of his discretion.”’

Hardwicke Chambers, 19th February 2020

Source: hardwicke.co.uk

The Second Appeals Test in Immigration Law – Richmond Chambers

Posted February 19th, 2020 in appeals, chambers articles, civil procedure rules, immigration, judicial review, news, tribunals by sally

‘In this post, we explain the Second Appeals test and note some recent developments in the area.’

Richmond Chambers, 14th February 2020

Source: immigrationbarrister.co.uk

QOCS rule to change but not in relation to Tomlin orders – Litigation Futures

Posted February 18th, 2020 in civil procedure rules, costs, news, personal injuries by sally

‘An urgently needed amendment to the rules on qualified one-way costs shifting (QOCS) in so-called mixed claims will come into force in the coming weeks, the Civil Procedure Rule Committee (CPRC) has decided.’

Litigation Futures, 18th February 2020

Source: www.litigationfutures.com

Clinical negligence and PI costs – Law Society’s Gazette

Posted February 17th, 2020 in civil procedure rules, compensation, costs, delay, negligence, news, personal injuries by sally

‘Following the decision in I v Hull & East Yorkshire Hospitals NHS Trust (25 February 2019), applications for a further interim payment on account of costs have become common in high-value clinical negligence and personal injury claims where there is likely to be substantial delay before quantum can be determined by the court. In the recent decision in RXK v Hampshire Hospitals NHS Foundation Trust [2019] EWHC 2751 (QB), Master Cook observed that there was no decision of the High Court on the principle of whether such applications are well founded and have an adequate judicial basis in the rules and/or the authorities. Thus, the master took the opportunity in RXK to provide guidance ‘in the hope that such applications would be better prepared in future’.’

Law Society's Gazette, 17th February 2020

Source: www.lawgazette.co.uk

Court fee can be claimed from defendants despite exemption – Litigation Futures

Posted January 28th, 2020 in civil procedure rules, costs, fees, news, part 36 offers by sally

‘There are “strong public policy grounds” for allowing fee-exempt claimants to claim their court fees from defendants rather than the taxpayer, a judge has ruled.’

Litigation Futures, 28th January 2020

Source: www.litigationfutures.com

The case for judicial early neutral evaluation – Law Society’s Gazette

Posted January 27th, 2020 in case management, civil procedure rules, dispute resolution, news by sally

‘Perhaps an overlooked provision of the CPR is rule 3.1(2)(m) which provides that the court may ‘take any other step or make any other order for the purpose of managing the case and furthering the overriding objective, including hearing an early neutral evaluation with the aim of helping the parties settle the case’.’

Law Society's Gazette, 27th January 2020

Source: www.lawgazette.co.uk

Part 36 offers made exclusive of interest not valid, Court of Appeal rules – Local Government Lawyer

Posted January 21st, 2020 in civil procedure rules, costs, interest, news, part 36 offers by sally

‘It is not possible to make a valid Part 36 offer exclusive of interest either generally or in the context of detailed assessment proceedings, the Court of Appeal has ruled in a case involving a local authority.’

Local Government Lawyer, 20th January 2020

Source: www.localgovernmentlawyer.co.uk

Fixed Costs in Civil Proceedings – Becket Chambers

Posted January 9th, 2020 in civil procedure rules, costs, news, pre-action conduct, small claims by sally

‘The Civil Procedure Rules (CPR) provide for fixed costs in certain elements of civil proceedings, including Small Claims, Fast Track hearings, ‘Stage 3’ hearings and possession claims. This means that any costs applied for that are not those within the fixed costs regimes are unlikely to be awarded by the Court, unless certain factors apply.’

Becket Chambers, 3rd January 2020

Source: becket-chambers.co.uk

CA: Litigants do not owe duty of care to opponents – Litigation Futures

Posted December 20th, 2019 in appeals, civil procedure rules, damages, documents, duty of care, fraud, HM Revenue & Customs, negligence, news, statutory duty, taxation, VAT by sally

‘Litigants do not owe a duty of care to their opponents, the Court of Appeal has made clear.’

Litigation Futures, 18th December 2019

Source: www.litigationfutures.com

Part 36 offers cannot exclude interest to be valid – Litigation Futures

Posted December 20th, 2019 in appeals, civil procedure rules, costs, interest, news, part 36 offers by sally

‘Part 36 offers which specifically exclude interest are not valid, the Court of Appeal has ruled – but one of the judges said this should be reconsidered.’

Litigation Futures, 19th December 2019

Source: www.litigationfutures.com

High Court limits scope of provisional assessment appeals – Litigation Futures

Posted December 16th, 2019 in appeals, civil procedure rules, costs, news, oral hearings by sally

‘A party’s right to appeal from an oral hearing that follows a provisional assessment is limited to decisions made at the hearing, the High Court has ruled.’

Litigation Futures, 16th December 2019

Source: www.litigationfutures.com

Covert recording in a PI claim: ramifications for Employment Tribunals? – 3PB

Posted December 4th, 2019 in admissibility, audio recordings, civil procedure rules, employment tribunals, evidence, expert witnesses, news, personal injuries by sally

‘On 21 January 2014, a road traffic accident took place in Milton Keynes (liability having been conceded). The Claimant’s (hereinafter referred to as “C”) Honda Jazz was struck from behind by a Fiat Punto; there are 3 defendants (referred to collectively as “D”).’

3PB, 4th November 2019

Source: www.3pb.co.uk

County Court considers costs rules in personal injury case (Khan v Aviva Insurance Ltd) – Hardwick Chambers

Posted November 19th, 2019 in case management, civil procedure rules, costs, news, personal injuries by sally

‘Personal Injury analysis: Where the personal injury aspect of a claim had resulted in the case being allocated to the fast track, the claimant was awarded costs to be assessed on the normal fixed costs basis under CPR 45.29B. The decision offers a useful affirmation of the default costs rules that will be applied by the courts in fast track claims. Colm Nugent, barrister at Hardwicke Chambers, discusses this case.’

Hardwicke Chambers, 12th November 2019

Source: hardwicke.co.uk

Late evidence does not mean automatic protocol exit – Litigation Futures

Posted November 15th, 2019 in appeals, civil procedure rules, costs, damages, employment, evidence, news, pre-action conduct by sally

‘A circuit judge was wrong to find that an employer’s liability claim automatically exited the pre-action protocol because the defendent challenged the late service of evidence at the stage 3 hearing, the Court of Appeal has ruled.’

Litigation Futures, 14th November 2019

Source: www.litigationfutures.com

PAP witness statements “can be grounds for contempt” – Litigation Futures

Posted November 12th, 2019 in civil procedure rules, contempt of court, news, pre-action conduct, witnesses by sally

‘A witness statement verified by a statement of truth made by a prospective claimant before the commencement of proceedings can give rise to contempt, the Court of Appeal has ruled.’

Litigation Futures, 11th November 2019

Source: www.litigationfutures.com

Aldred v Cham – 4 New Square

Posted November 6th, 2019 in civil procedure rules, costs, fees, news, personal injuries, road traffic by sally

‘In Aldred v Cham [2019] EWCA Civ 1780 the Court of Appeal (Lord Justices McCombe and Coulson and Lady Justice Nicola Davies) considered whether the cost of counsel’s advice relating to the proposed settlement of an RTA claim was a claim for a disbursement which should be allowed in addition to the fixed recoverable costs (“FRC”) provided for under CPR 45.29C and Table 6B because it was “reasonably incurred due to a particular feature of the dispute”. This case has provided welcome clarity in a previously much disputed area.’

4 New Square, 29th October 2019

Source: www.4newsquare.com

Proportionality – Compared with what? And how to assess – No. 5 Chambers

Posted October 30th, 2019 in appeals, civil procedure rules, costs, hospitals, insurance, negligence, news, proportionality by sally

‘Proportionality has been the watchword in costs for such a length of time that one might have been tempted into thinking that ‘new learning’ on the topic was unlikely. The Court of Appeal’s decision in West v. Stockport NHS Foundation Trust/Demouilpied v. Stockport NHS Foundation Trust [2019] EWCA Civ 1220 (hereinafter “West”) provides fresh insight, however, in relation to both the matters that will be considered by a judge assessing the proportionality of costs, and also the procedure to be adopted.’

No. 5 Chambers, 10th October 2019

Source: www.no5.com

Richard Paige discusses: The impact of a counterclaim on QOCS – Park Square Barristers

Posted October 30th, 2019 in civil procedure rules, compensation, costs, interpretation, news, personal injuries by sally

‘In Ketchion v McEwan HHJ Freedman, sitting in Newcastle, held that the term “proceedings” in CPR 44.13 included both the claim and the counterclaim. The result of this decision was that the successful claimant was debarred from enforcing any of his costs (for bringing the claim or defending the counterclaim) against the unsuccessful defendant, because the defendant had brought a counterclaim which included personal injury.’

Park Square Barristers, 14th October 2019

Source: www.parksquarebarristers.co.uk

Golding v Martin [2019] EWCA Civ 446 – Tanfield Chambers

Posted October 30th, 2019 in appeals, civil procedure rules, forfeiture, housing, landlord & tenant, news, repossession, service charges by sally

‘The Court of Appeal determined whether the existence of the right to relief from forfeiture amounts to a prospect of “success” at trial when considering an application under CPR r.39.3 to set aside a possession Order.’

Tanfield Chambers, 29th October 2019

Source: www.tanfieldchambers.co.uk

Counsel’s fee in portal drop-out case included in fixed costs – Litigation Futures

Posted October 30th, 2019 in accidents, appeals, barristers, children, civil procedure rules, compensation, costs, fees, interpretation, news, personal injuries, practice directions, road traffic, solicitors by sally

‘Counsel’s fees for an opinion on quantum in a traffic accident involving a child are included in the fixed costs for the case and cannot be claimed separately, the Court of Appeal has ruled.’

Litigation Futures, 30th October 2019

Source: www.litigationfutures.com

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