Costs
Keep informed and up to date with breaking news and key updates in the world of costs.
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
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…
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The application and limit of the fixed recoverable costs regime
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…
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Claimant loses QOCS protection following discontinuance of NIHL claim
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…
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The top 10 priorities for the new Cabinet
Following a turbulent couple of months, MPs and Members of the new Cabinet have returned to their constituencies, after Parliament rose this week for Summer Recess. Nigel Teasdale looks at 10 key…
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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:
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DWF successfully argue that there is no presumption in favour of assignment of CFAs when claims are transferred to new lawyers
There have been a number of reported cases recently, concerning whether a CFA can be assigned from one firm to another. In the case of Webb v London Borough of Bromley (2016), Master Rowley, costs…
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Court reduces pursuer’s expenses award due to unreasonable behaviour
This was one of the first published decisions of the All Scotland Sheriff Court at Edinburgh and the reduction of the purser’s expenses by one third due to their pre and post litigation behaviour must…
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What are the initial recommendations from the Insurance Fraud Taskforce?
The Insurance Fraud Taskforce, under the chairmanship of David Hertzell have been very busy since they released their interim report back in March of this year, but they have now released the first…
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Fraudulent claimants count the cost with exemplary damages award
Two Claimants found to be fundamentally dishonest were ordered to pay exemplary damages of £3,000 as well as indemnity costs after being found to be ‘complicit in a criminal conspiracy to defraud’…
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The importance of the Statement of Truth – a cautionary tale
Statements of Truth have been with us now for nearly 20 years and they play an essential role in litigation, featuring on all key documents that are signed by the parties to an action. Signing a…
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