Jackson in Action: case law
In our regular monthly round up of cases we look at the effects of the changes to the Civil Procedure Rules under the Jackson Reforms:
Relief from sanctions / failure to file notice of funding: In Yeo v Times Newspapers (2014) a party failed to file Form N251 due to the failure of a fee earner to properly read the CPR. Applying Denton, relief was granted by Justice Warby who held that the breach was not a serious one or of practical significance as a letter had already been sent setting out all of the information which should have in the notice. 20/8/14
Costs management orders/indemnity costs: In Kellie & Anor v Wheatley & Lloyd Associates (2014).Judge Keyser QC sitting in the Queen’s Bench Division, indicated that where parties are awarded indemnity costs, they would, at least in his view, be entitled to recover a sum greater than the amount set by the costs management order. The costs which were subject to the CMO, represented an assessment of those costs which were proportionate and indemnity costs were not proportionate. 27/8/14
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