Posts by Kerry Underwood

  • Notice of discontinuance

    Setting aside notice of discontinuance In Advantage Insurance Co Ltd v Stoodley (1) and Trinity Lane Insurance Co Ltd (2), a Queen’s Bench Division Master considered the law in relation to setting aside a notice of discontinuance.

  • Proportionality and non-financial matters

    In three recent cases, the courts have considered how to apply the proportionality test in CPR 44.3(5) in cases where damages are not the main issue, or where no damages are in issue at all.

  • Insolvency round-up

    New Practice Direction from 25 April 2018 The new Practice Direction on Insolvency Proceedings was published on 25 April 2018 and came into force immediately.

  • Part 36 roundup

    CPR 36 is the most important, and complicated, rule in the book, and so it is not surprising that there is a torrent of cases with major issues still unresolved. Here I look at no fewer than nine recent decisions at High Court level or above.

  • Conduct and costs: two recent Court of Appeal cases

    Indemnity costs guidance In Whaleys (Bradford) Limited v Bennett and another, the Court of Appeal gave guidance in relation to the correct test when considering indemnity costs. This was not in the context of Part 36.

  • After the event insurance: roundup of latest cases

    In Percy v Anderson-Young, the Queen’s Bench Division of the High Court allowed recovery of an after the event (ATE) insurance premium of £533,017.13, overturning the district judge’s decision to cut it to £82,513.07.

  • Applications, injunctions, non-monetary relief and fixed costs

    Fast track In relation to the fast track, Jackson LJ proposes no change and the only suggestion, emanating from claimant representatives, was that there should be better provision for the costs of pre-action disclosure applications as recommended by the Court of Appeal in Sharp v Leeds City Council.

  • The new intermediate track: scope and procedure

    This piece does not deal with the costs figures; that is for another piece. As part of his Supplemental Report on Fixed Recoverable Costs, which will be considered by the Lord Chief Justice, Master of the Rolls and the government, Jackson LJ has proposed a new intermediate track.

  • Fixed costs report overview

    Today Jackson LJ’s Supplemental Report on Fixed Recoverable Costs was published and is available here. This will now be subject to consultation by the government, and so these are proposals at this stage. Whatever comes in is likely to be on 1 October 2018.

  • Fixed costs pilot

    A voluntary two year capped costs pilot scheme for High Court cases valued between £100,000 and £250,000 is due to begin imminently in the London Mercantile Court and the Mercantile, Technology and Construction and Chancery Courts in Manchester and Leeds District Registries.

  • Fixed costs and offshoring

    The Master of the Rolls, giving the Lord Slynn Memorial Lecture on 14 June 2017, had this to say about the effect of electronic filing and online courts:

  • Fixed costs and the Bar

    It is accepted by solicitors and the Bar alike that, as fixed fees are introduced, solicitors become more reluctant to instruct counsel, on the basis that they feel that they are spending their own money, rather than incurring a disbursement, which is then recoverable from the other side in the event of success.

  • What will happen to the Prisons and Courts Bill?

    The general election has caused the Prisons and Courts Bill to be lost, as there was insufficient time for it to get through all of its Parliamentary stages before the dissolution of Parliament at midnight on 2 May.

  • Part 36 and fixed costs

    Practitioners will be familiar with the basic concept of Part 36 and the consequences that flow from that rule.