In a recent Judgment, the Commercial Court has given guidance to Defendants when seeking security for costs. The matter of Accident Exchange Limited & Ors v McLean & Ors  EWHC 1533 (Comm) (12 June 2018) concerned allegations of conspiracy and deceit against the Defendants, who consisted of both firms of solicitors, and their employees/officers. … Continue reading Don’t delay in getting security!
The case of Douglas v Ministry of Justice & Anor  EWHC B2 (Costs) concerned the death of a prisoner who had committed suicide whilst in prison. At the time of death, the prisoner was 18 years of age and serving a life sentence for murder. A claim was brought on behalf of the deceased … Continue reading Update on the recoverability of inquest costs.
Judgment has now been released in the recent case of Bowman v Norfan Aluminium Limited & Ors which deals with the important question of whether, in claims against multiple defendants, a claimant who has succeeded against one defendant, has the benefit of QOCS protection from another defendant whom they have discontinued against. The issue presented … Continue reading QOCS protection and multiple defendants
The Government has accepted Jackson LJ’s recommendation that the Civil Justice Council (CJC), working alongside the Department of Health, should set up a working party to develop a bespoke process for clinical negligence claims initially up to £25,000 together with a grid of fixed recoverable costs for such cases. It can clearly be seen from … Continue reading Clin-Neg Fixed Recoverable Costs gets Govt nod.
The High Court has stated the recent change in law for cases involving costs capping in environmental claims must be re-examined. Mr Justice Dove ruled that rule 8(5) of the Civil Procedure (Amendment) Rules 2017/95, allowing caps on legal costs to be varied at any point during a case, rather than remaining fixed throughout, … Continue reading Change in law afoot on costs capping in environmental claims
In the recent case of Austin v East Sussex Fire & Rescue (08/08/17), Master Gordon-Saker heard the preliminary issue of whether a bill of costs should be re-drawn. It was the Defendant’s position that the bill had been drawn incorrectly due to a failure to properly divide specific and non-specific common costs. The claimant had … Continue reading The common costs quandary; but what specifically are they?
The supplementary report of Lord Justice Jackson was unveiled last week; building on the 2013 civil litigation reforms. The proposals now recommend that fixed recoverable costs should apply to claims valued up to £25,000; demonstrating a major withdrawal from the initial ‘one size fits all’ proposal of fixed costs for all claims up to £250,000. … Continue reading Jackson, can we fix it… Jackson: yes, yes we can!
The Government has today announced plans to crack down on fraudulent holiday sickness claims which is said to include possible changes to current cost rules. The move follows campaigning from the UK travel industry against a rise in fraudulent holiday sickness claims and calls for Government intervention in a current landscape which, they say, allows … Continue reading Fixed Costa del Sol?
With documents now published, following the Civil Procedure Rules Committee meeting on 5 May 2017, a firmer indication of fixed cost proposals has now been revealed. The pilot is to be open to new cases in certain specialist civil courts in London, Manchester and Leeds; namely the London Mercantile Court and three courts in each … Continue reading A Pilot’s guide to fixed costs capping
Judgment was handed down in the case of Jeffery v Commissioner of Police for the Metropolis (2017) on 4th May. It was held that Morris J had been correct to decide that the exception to qualified one way costs shifting (‘QOWCS’)in CPR r.44.16(2)(b) applied following the dismissal of a claim against the police for assault, … Continue reading The Exceptions to Qualified One way costs shifting…