Costs
Keep informed and up to date with breaking news and key updates in the world of costs.
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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Surveillance evidence guidance for costs budgets & Part 36 costs consequences
Andrew Cousins reviews the recent High Court decision in Purser v Hibbs & Anr (2015) which raises two interesting issues following a discovery of dishonest exaggeration through the use of…
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Costs management works and is here to stay
‘Costs management works’ and ‘is here to stay’. These were the words of Lord Justice Jackson on 13th May speaking alongside the Master of the Rolls, Lord Dyson at the Harbour Litigation Funding…
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The Professional Negligence Pre-Action Protocol – A new approach to resolving disputes?
The Professional Negligence Pre-Action Protocol (“Protocol”) has been revised and this article discusses the three main changes to the protocol which have prompted most debate. The purpose of the…
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Late delivery leads to nil recovery
Costs between parties in litigation are awarded only where the indemnity principle is satisfied. Put simply, a paying party can only be ordered to pay costs which the receiving party themselves is…
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DWF to merge with niche insurance practice Watmores
DWF has announced that it has signed terms to merge with market leading niche insurance practice Watmores.
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