Costs
Keep informed and up to date with breaking news and key updates in the world of costs.
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…
Read more
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…
Read more
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…
Read more
Investigation into suspected exaggeration helps QBE defeat £150,000 claim and recover costs
DWF, Cunningham Lindsey t/a Sedgwick, and QBE have successfully obtained a finding of fundamental dishonesty against a claimant who exaggerated the nature and extent of the injuries he suffered in an…
Read more
Court of appeal costs guidance where claimant fails to use MOJ portal
William MacKenzie outlines the findings in the recent Court of Appeal decision in Williams v The Secretary of State for Business, Energy and Industrial Strategy (2018)
Read more
Jackson in Action – case law
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:
Read more
Ships in the Night – A Cautionary Tale
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…
Read more
The Costs Budgeting Process - the only roll of the dice
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…
Read more
Indemnity costs do not follow late acceptance of a Part 36 offer
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…
Read more
A Matter of Record
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…
Read more