Month: January 2017

Fixed Costs will apply to Clin Neg Damages up to £25K

31st January, 2017

The Government has been persuaded not to extend the scope of the fixed cost tables beyond claims valued at £25,000 in clinical negligence.   The NHS settle around 60% of total claims between £1,000 and £25,000, but these are the claims where the biggest disproportionality of costs to damages are demonstrated, with claimants recovering costs…

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Two to One in the SCCO on Proportionality

26th January, 2017

Master Brown followed Master Rowley when he found that the new test of proportionality did not apply to additional liabilities.   In Murrells v Cambridge University NHS Foundation Trust (SCCO 17/01/2017) Master Brown declined to follow the decision of Master Gordon-Saker in BNM v MGN [2016] EWHC B13, agreeing with the later decision of Master…

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There will be amendments to CPR following the decision in SARPD

11th January, 2017

The Civil Procedure Rule Committee have agreed amendments are needed to the CPR following the decision in SARPD Oil International v Addax Energy [2016] EWCA Civ 120 when it was held that a failure to challenge incurred costs at the Costs & Case Management Conference, when the opposing party’s budget had been agreed, precluded a…

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Masters differ in their views on whether the new proportionality test includes additional liabilities

5th January, 2017

The relationship between the (new) CPR 44.3(5) proportionality test and additional liabilities remains uncertain.   In King v Basildon & Thurrock University Hospitals NHS Foundation Trust Master Rowley stated that the rules were written with the expectation there would be no recoverable additional liabilities. Consequently, the proportionality test should only apply to base costs as…

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