- April 19, 2018
Vanishing Part 36 offers?
The Court of Appeal has looked again the interaction of Part 36 offers and interim payments in Gamal v Synergy Lifestyle Ltd, in which Arden LJ agreed with the judgment of Flaux LJ. The decision is important.
- November 27, 2017
A shift in case law? Set-off and qualified one-way costs shifting
Case law on qualified one-way costs shifting (QOCS) is beginning to appear. However, it is safe to say that we do not have the final word on some of its more difficult provisions.
- June 30, 2017
Harrison v University Hospitals Coventry and Warwickshire NHS Trust: costs budgeting and detailed assessment
In Harrison v University Hospitals Coventry and Warwickshire NHS Trust practitioners finally have some guidance from the Court of Appeal about costs budgeting and detailed assessment. What practical lessons can we distil from it?
- April 26, 2016
Costs budgeting: three years on
Costs budgeting has just had its third birthday. That birthday has been celebrated not with candles, but with the 83rd CPR update.
- November 25, 2015
Context is everything when advising your client on funding
The decision in Surrey v Barnet & Chase Farm Hospitals NHS Trust throws into sharp focus the need to give thorough advice as to funding options, tailored to the particular context of the case and the client. For that reason, it has repercussions beyond its clinical negligence sphere and beyond the switch to the new … Continue reading Context is everything when advising your client on funding →
- August 18, 2015
Flight from the courts due to fee increases
Court fees in personal injury and clinical negligence litigation have increased dramatically in recent times. Section 180 of the Anti-Social Behaviour, Crime and Policing Act 2014 empowered the Lord Chancellor to set “enhanced” court fees. It states that “A fee prescribed…must be used to finance an efficient and effective system of courts and tribunals”. However, … Continue reading Flight from the courts due to fee increases →