Costs
Keep informed and up to date with breaking news and key updates in the world of costs.
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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Payments on account of costs in respect of issues not yet determined
Steven Dawson and William MacKenzie consider the implications of the judgment in HI v Hull & East Yorkshire Hospitals NHS Trust in which the court made an order for an interim payment on account of…
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Part 36 consequences for beating offer by small margin in costs assessment
In JLE v Warrington & Halton Hospitals NHS Foundation Trust, on appeal, the court has determined that a Master in the Senior Courts Costs Office was wrong to not allow a claimant the 10%…
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Costs: Court of Appeal guidance on "new" proportionality test & recovery of ATE premiums
Practitioners have been waiting for Court of Appeal guidance on the "new" test of proportionality in the assessment of costs since it was introduced in April 2013 under LASPO. There was much…
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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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