July
Articles matching "fixed costs"
Claimant limited to portal costs following unreasonable exit from portal
DWF has successfully restricted a claimant to fixed portal costs following a premature decision to remove the claim from the MoJ portal. Sukhjit Dhadwal, who represented the defendant Local Authority…
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Court of Appeal and fixed costs: claimants not entitled to indemnity costs where defendants accept Part 36 offer out of time
After years of conflicting decisions we now have authoritative guidance from the Court of Appeal as to the applicable costs consequences when a defendant accepts a Part 36 offer out of time where the…
Read moreClaimant limited to fixed Portal costs following failure to use MoJ Portal
Last month we reported on the Court of Appeal decision in Williams v The Secretary of State for Business, Energy & Industrial Strategy (2018) which gave costs guidance where a claimant failed to…
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CJC proposals for fixed costs and improved claims handling for NIHL claims may link into new MoJ consultation on process reform
It was July 2015 when the Ministry of Justice asked the Civil Justice Council (CJC) to look into the increasing numbers and cost of NIHL claims. In September, the CJC published its long awaited report…
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Latest statements from the Ministry of Justice suggest maintenance of commitments to whiplash and discount rate reform, while action on extension of fixed costs also looks likely
Various recent developments including from earlier today are worth looking at together as part of an ongoing assessment of the likely future direction of reform affecting the way in which claims dealt…
Read moreJackson's new report signifies likely move towards extended use of fixed costs into claims worth up to £100,000
The most recent task within the current reform programme affecting civil justice, assigned again to Lord Justice Jackson, was one on which he was due to report at the end of July, and that report has…
Read moreThe application and limit of the fixed recoverable costs regime
In recent days, the Court of Appeal has given two judgments that concern the operation of the fixed recoverable costs (“FRC”) regime that are significant in their own right and of importance to…
Read moreWhat do latest signals from Jackson and Briggs on fixed costs and the Online Court mean for insurers?
While news of the government’s appetite for change in these areas continues to be awaited, this week’s latest pointers from these two reforming Court of Appeal judges suggest that a more conservative…
Read moreLatest challenge to fixed costs advantages from the Court of Appeal may suggest better options are available
The issue of an extension of the current fixed costs regime is on the cards. It is in that light that what anyway may have been an important decision this week from the Court of Appeal as to how one…
Read moreThe move towards more fixed claimant costs is gathering speed
If the signs are being read accurately, two and a half years after most of Lord Justice Jackson’s recommendations were introduced through LASPO, we may now be moving towards the introduction of an…
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