Costs
Keep informed and up to date with breaking news and key updates in the world of costs.
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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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…
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Strategic costs issues concerning Part 36 and QOCS reach the Court of Appeal in June
Satellite litigation arising out of the Jackson reforms – now over five years old – continue to occupy the appeal courts, and June will see two costs issues of particular interest reach the Court of…
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Claimant 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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