The amendments to CPR can be viewed here SI 2017 No. 95 Include: * Automatic strike out of claims where hearing fee not paid. * No refunds of hearing fees for cases that settle before trial. Note: * The automatic strike out will follow failure to comply with a notice of trial date,…
Read more…Defendant a man of straw? Don’t give up the case without checking your client’s home insurance policy. A little known fact is that many household policies have a section which will pay unrecovered, awarded damages and assessed costs in any court in the British Isles for something that would be covered under the personal and…
Read more…It is the big topic when it comes to costs recovery. Gordon Exall warns it cannot be ignored and lists 8 points to ensure a case is managed proportionately: Risk assess the case properly before taking it on; Explain the concept and encourage your client to engage in the case; Think, “Can I…
Read more…I recently attended ‘A Question Time on Costs’ hosted by Andrew Hogan, and very enjoyable it was too. The answer to the question from the panel of speakers was a resounding ‘No’ whilst we await the decision of the appeals in the BNM and May cases. At present, paying parties are using BNM to…
Read more…I bring you a tip from Lesley Graves of Citadel Law, a niche law firm adviser, to improve your cash flow and standard of expert report you receive; and to reduce complaints from experts of slow settlement of fees: In PI cases, where liability is admitted and evidence disclosed, law firms should request an interim…
Read more…Master Fontaine addressing the Law Society civil litigation section conference urged parties to: Discuss budgets before the costs management hearing, “It is very important to hold prior discussions with your opponents and be realistic about the figures. Think about the issues before you discuss them.” Make a counter offer where a challenge is made to…
Read more…In the case of Various Claimants v Mirror Group Newspapers Master Gordon-Saker awarded costs of assessment on the indemnity basis against the Defendant for failing to engage in mediation. I refer you to Temple Garden Chambers News Article where Simon Browne QC attended the hearing. Facts Costs proceedings. The Defendant suggested mediation in December…
Read more…The case of Gibbs v Lakeside Developments Ltd [2016] EWHC 2203 (Ch) highlighted the established principle that to be binding, an offer must be accepted in its entirety. Which means that attempting to vary the terms of an offer risks rejecting it with a counter offer. This is what happened in the Gibbs case. The…
Read more…The Civil Procedure (Amendment No.3) Rules 2016 and the new CPR Part 52 procedure for Appeals comes into force from 3/10/2016 and will apply to any case in which the appellant’s notice is issued on or after 3/10/2016 or permission to appeal is granted by the Court of Appeal on or after 3/10/2016. The main…
Read more…The defendant won his application to strike out, but lost on costs to the claimant due to unreasonable behaviour. IG Index Ltd v Johannes Hendrick Cloete [2016] EWHC 2297 (QB) The former employee defendant succeeded in striking out proceedings brought against him by his former employer. However, due to his unreasonable refusal of a…
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