Payments on account of costs in respect of issues not yet determined

16 Sep 2019

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…

Part 36 consequences for beating offer by small margin in costs assessment

30 Jul 2019

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%…

Costs: Court of Appeal guidance on "new" proportionality test & recovery of ATE premiums

18 Jul 2019

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…

100% success fees, ATE premiums & informed consent: Court of Appeal hands down highly anticipated judgment in Herbert v HH Law (2019)

03 Apr 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…

Claimant limited to portal costs following unreasonable exit from portal

27 Feb 2019

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…

Costs: Claimant bound by settlement terms reached at stage 2 of the MoJ portal

31 Jan 2019

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…

QOCS: further judgment says no protection for defendant as to costs of a counterclaim

29 Nov 2018

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…

QOCS: refusal of permission to appeal suggests parties counterclaiming for personal injuries may be able to escape costs liabilities

30 Oct 2018

Steven Dawson and David Brown look at the recent QOCS case of Ketchion v McEwan (2018) and the implications for defendants.

Useful appeal judgment on proportionality provides clear and practical guidance pending input from the Court of Appeal

29 Oct 2018

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…

Costs budgeting: partial budgets and sanctions

23 Oct 2018

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.