Costs
Keep informed and up to date with breaking news and key updates in the world of costs.
100% success fees, ATE premiums & informed consent: Court of Appeal hands down highly anticipated judgment in Herbert v HH Law (2019)
The Court of Appeal has today handed down judgment in Herbert v HH Law Ltd (2019) providing important guidance in relation to success fees and ATE premiums payable by claimant's post LASPO. William…
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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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Costs: Claimant bound by settlement terms reached at stage 2 of the MoJ portal
Richard Welsh, Senior Associate in DWF's Leeds office acted for Ageas Insurance Limited in relation to a matter proceeding under the MOJ portal for low value personal injury claims, in which Ageas…
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QOCS: further judgment says no protection for defendant as to costs of a counterclaim
David Brown and Steven Dawson consider the decision in Waring v McDonnell (2018) as another county court decision on the effect of QOCS on counterclaims following swiftly on the heels of the earlier…
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QOCS: refusal of permission to appeal suggests parties counterclaiming for personal injuries may be able to escape costs liabilities
Steven Dawson and David Brown look at the recent QOCS case of Ketchion v McEwan (2018) and the implications for defendants.
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Useful appeal judgment on proportionality provides clear and practical guidance pending input from the Court of Appeal
As to how to operate the test of proportionality it was appropriate at detailed assessment having initially assessed a party's bill for the judge to step back in order to go through the relevant…
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Costs budgeting: partial budgets and sanctions
William MacKenzie looks at the recent costs budgeting decision in Page v RGC Restaurants Ltd (2018) and highlights the importance of filing a full budget to avoid sanctions.
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What is "a claim" for the purpose of Part 36? Court of Appeal rejects liberal interpretation
David Brown takes a look at the recent decision in Hertel v Saunders (2018) in which the Court of Appeal was asked to consider, once again, the scope of CPR Part 36, in particular the meaning of "the…
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A potential way out of QOCS for defendants in mixed claims made clearer
In the recent decision in The Commissioner of Police of the Metropolis & Anor v Brown (2018) Mrs Justice Whipple has held that in mixed claims (claims arising out of a cause of action for both…
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Successful defence of high value road traffic claim in QOCS environment
DWF has successfully acted for Aviva and their insured in a claim following a road traffic accident on a slip road where the claimant motorcyclist alleged the defendant had been negligent in slowing…
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