‘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
‘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
‘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
‘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
‘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 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
‘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
‘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
‘Last year, I wrote a post on this blog discussing a High Court judgment which held that qualified one-way costs shifting (‘QOCS’) protection does not apply automatically in proceedings where a claimant is advancing both a claim for damages for personal injury and a claim other than a claim for damages for personal injury (a “mixed claim”). The claimant’s appeal in in Brown v Commissioner of Police of the Metropolis [2019] EWCA Civ 1724 has now been unanimously dismissed by the Court of Appeal.’
UK Police Law Blog, 22nd October 2019
Source: ukpolicelawblog.com
‘The Woolf reforms were “inadequately revolutionary” and have left behind a civil litigation system which is “too expensive, too time-consuming and inadequately accessible”, the Chancellor of the High Court has said.’
Litigation Futures, 22nd October 2019
Source: www.litigationfutures.com
‘The High Court has confirmed that law firms can apply for interim payments on account of costs in medical negligence cases where it may be many years until they conclude, and set out how they should approach them.’
Litigation Futures, 22nd October 2019
Source: www.litigationfutures.com
‘The Chancellor of the High Court, Sir Geoffrey Vos, spoke at the Law Society’s annual Civil Litigation conference on 9 October 2019 about 20 years of the Civil Procedure Rules – and whether the original reforms went too far, or not far enough.’
Courts and Tribunals Judiciary, 15th October 2019
Source: www.judiciary.uk
‘Speech by the Master of the Rolls: Law, Procedure and Language – Civil Justice and Cymru.’
Courts and Tribunals Judiciary, 16th October 2019
Source: www.judiciary.uk
‘Notting Hill Finance Ltd v Sheikh (2019) EWCA Civ 1337. The court of appeal looks at circumstances in which new points can be raised on appeal, where a possession order has been made on a summary basis under CPR Part 55, concluding that there is no test that the case is “exceptional”.’
Nearly Legal, 6th October 2019
Source: nearlylegal.co.uk
‘A change to the CPR coming into force on 1 October should provide clearer guidance on the cut-off between budgeted and incurred costs, it has been argued.’
Litigation Futures, 19th September 2019
Source: www.litigationfutures.com
‘A judge has set aside “by the narrowest of margins, and with some hesitation” a claimant’s judgment in default after the defendant’s solicitor failed to notice that particulars of claim had been served for five months.’
Litigation Futures, 12th September 2019
Source: www.litigationfutures.com
‘Rose-Marie Drury, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2019.’
Family Law Week, 6th September 2019
Source: www.familylawweek.co.uk
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