Costs
Keep informed and up to date with breaking news and key updates in the world of costs.
Abuse of process under the RTA Protocol
Edward Cleary reviews the Court of Appeal judgment in Cable v Liverpool Victoria (2020) in which it was held that whilst it should have been obvious to the claimant's solicitors that their client's…
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Claimants' solicitors ordered to pay wasted costs following successful jurisdiction challenge
On 13 August 2020, the High Court handed down a judgment on a wasted costs application in the case of Jovicic & Ors v Serbian Orthodox Church – Serbian Patriarchy (2020). This followed a judgment…
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Offsetting the costs awarded on an interlocutory application against damages where settlement is reached by way of Part 36 offer
A defendant in a NIHL claim was entitled to set off monies from a Part 36 settlement in a claimant's favour against an interlocutory costs order in the defendant's favour under section 72 of the…
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Costs: Clarifying the EL/PL Portal Exemption for "damages in relation to harm, abuse or neglect of or by children or vulnerable adults
The SCCO has recently provided some useful guidance on the application and interpretation of the exemption from the Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public…
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Make sure your Part 36 offers are valid in detailed assessment proceedings: Follow this guidance as set out by the Court of Appeal
The Court of Appeal has confirmed that an offer which is made exclusive of interest cannot be a valid Part 36 offer: King v City of London Corporation [2019] EWCA Civ 2266. There have been a number of…
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QOCS and fundamental dishonesty: the implications of withholding disclosure in a credit hire claim
DWF and QBE have successfully obtained a finding of fundamental dishonesty against a claimant for failing to provide full financial disclosure in a credit hire claim, resulting in the claimant losing…
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Costs: Court of Appeal quashes latest attempt to escape fixed costs
Simon Fisher considers the outcome of the latest attempt by claimants to escape the fixed costs regime in Ho v Adelekun (2019)
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Costs: Court of Appeal guidance on QOCS in mixed claims
The Court of Appeal has recently addressed the issue of whether Qualified One-Way Costs shifting (QOCS) under CPR 44.13-44.16 could be disapplied for mixed claims, that is, claims for personal injury…
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Noise induced hearing loss: claimant's solicitors ordered to pay wasted costs following late discontinuance
Stephen Symington, Associate Solicitor in the DWF Occupational Health Team in Leeds, acted for the defendant, The Secretary of State for the Department of Transport, in an application to have the…
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Costs: Court of Appeal judgment on recoverability of disbursements in ex-portal claims (CPR r.45 Section IIIA)
Simon Fisher examines the Court of Appeal's finding in Aldred v Cham (2019), that counsel's advice fee in a child claim was not recoverable as a disbursement in addition to the fixed costs, and that…
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