Jackson in Action – case law

23 Oct 2017

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:

Ships in the Night – A Cautionary Tale

28 Sep 2017

Laurie Clay and Sheona Wood review the recent Technology and Construction Court decision in Bank of Ireland v Watts Group PLC [2017] EWHC 1667 (TCC) concerning the duty of care owed by a quantity…

The Costs Budgeting Process - the only roll of the dice

27 Jul 2017

Judgments in two recent cases demonstrate that if the costs budgeting process is not given the highest priority and proper regard, litigants could suffer significant adverse consequences due to the…

Indemnity costs do not follow late acceptance of a Part 36 offer

26 Jul 2017

Since the decision in Broadhurst v Tan (2016) Claimant solicitors have been trying to persuade courts that there should be a penalty for accepting a Part 36 offer late. In McKeown & Anor v Venton…

A Matter of Record

26 Jul 2017

Drawing on her experiences in recent trials, Joanne Staphnill and Sarah McKay consider the implications for professionals and their insurers of the trend towards greater use of telephony recording…

Claimants' costs budget is reduced by £2m in class action

21 Jul 2017

Following on from a rare instance of the Court conducting the costs budgeting process by way of written submissions, the Claimants' estimated costs in a class action were reduced by over £2m after…

Failure to provide litigation services in run up to introduction of LASPO leads to claimant recovering no costs

02 Mar 2017

An attempt to sign a Claimant to a CCFA that provided for a success fee in the days ahead of the implementation of LASPO failed and as a result the Claimant was unable to recover any costs. Following…

Fixed costs - more from the Court of Appeal on their use in pre-action disclosure applications as well as a forthcoming change to the rules around operation of the regime

24 Feb 2017

Pre-action disclosure applications are commonplace in EL and PL claims, but for some time parties have disputed whether fixed recoverable costs ("FRC") or hourly rate costs should be recoverable in…

The application and limit of the fixed recoverable costs regime

17 Nov 2016

In recent days, the Court of Appeal has given two judgments that concern the operation of the fixed recoverable costs (“FRC”) regime that are significant in their own right and of importance to…

Claimant loses QOCS protection following discontinuance of NIHL claim

20 Sep 2016

It is not uncommon for noise induced hearing loss claims to be issued without medical evidence and we have on a number of occasions successfully applied to have claims struck out for failing to comply…