In the case of Manna -v- Central Manchester Hospitals NHS Trust [2017] EWCA Civ 12 (view here) the Court of Appeal upheld the trial judge’s award of indemnity costs and refused to entertain a discussion as to whether the parties to the litigation had negotiated in a reasonable manner or not. Mrs Justice Cox said…
Read more…In June Attain blogged about the case of Lowin v W Portsmouth & Co Ltd [2016] EWHC 2301 (QB) where the High Court allowed the cap on provisional assessment costs to be lifted when the Defendant failed to beat the Claimant’s Part 36 offer. Click here for that previous blog. We now have a copy…
Read more…In DB UK Bank Limited (T/A DB Mortgages) and Jacobs Solicitors [2016] EWHC 1614 (CL) the High Court ruled that a Part 36 offer is still a counter-offer and has the effect of rejecting any previous common law offers. There appears to be no previous authority on this point. Chronology: * 28.08.15 – Defendant…
Read more…Indemnity costs awarded when Part 36 offer accepted out of time. The case of Sutherland v Khan [2016] source, a relatively small RTA Claim subject to the fixed costs regime, highlights the importance of making reasonable Part 36 offers at an early stage and the risks of letting a reasonable Part 36 expire. During the…
Read more…Attain recently represented a receiving party client at an oral hearing where the paying party challenged the judge’s decision to every point in their points of dispute. In our opinion, this was an example of the paying party acting before thinking. This led to the receiving party having to prepare in a similar way to…
Read more…Following the decision in April in Bolt Burdon Solicitors v Tariq & Oths [2016] EWHC 1507 QB to uphold a contingency fee agreement which ordered the defendants to pay circa £500k together with contractual interest at the rate of 8% amounting to circa £50k, Mr Justice Spencer had to decide whether any ‘additional amount’ is…
Read more…Summers v Bundy [2016] EWCA Civ 126 (11 February 2016) First instance · Appeal brought following a first instance decision in a legal aid clinical negligence claim. · Damages were awarded in the sum of £27,500.00. · The first instance Judge had to decide whether or not to award the 10% uplift on general damages…
Read more…In the case of Littlestone -v- Macleish [2016] EWCA Civ 127 a payment made by the Defendants did not affect the value of the Part 36 offer made. The crux of the case is as follows:- Landlord/Tenant case. Tenants made a Part 36 offer of £35,000.00. Liability was admitted in the Defence by the Tenants…
Read more…In the case of ABC v Barts Health NHS Trust [2016] EWHC 500 (QB) (11 March 2016), the Court was asked to consider whether the usual costs order under Part 36.13(5) would apply or whether it would be unjust to do so. This was a clinical negligence case. The claim was in excess of £1…
Read more…Yesterday, my colleague Nicola blogged about the case of C&S Associates UK Ltd v Enterprise Insurance Company Plc [2016] EWHC 67 (Comm) (22 January 2016) , As Nicola highlighted, the Claimant was ordered to pay 100% of the costs of the expert reports and 80% of the costs of preparing the bundles irrespective of the…
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