The legal maxim “hard cases make bad law” is attributed to US Supreme Court Justice Oliver Wendall Holmes and has proved to be every bit as durable as its author (Holmes fought for the North in the American Civil War and retired from the bench 70 years later in 1932 aged 90!). In Hyde v … Continue reading Legal aid and CFAs: uncomfortable bedfellows? A view about Hyde v Milton Keynes Hospital NHS Trust
The case of Jarndyce v Jarndyce is notorious in Dickens’ Bleak House for appearing to go on forever, and Plevin v Paragon Finance has a lot of Bleak House about it. This was originally a case about Payment Protection Insurance (PPI). Now it is one about costs.
The first High Court decision following Merrix v Heart of England NHS Foundation Trust has now been handed down, enabling this follow up to be written to the blog of 10 March 2017 on this subject: see Car Giant v the Mayor and Burgesses of the London Borough of Hammersmith (judgment on 2 March 2017).
Much has been written about Merrix v Heart of England NHS Foundation Trust and the consequences it may have for the detailed assessment of costs under CPR 47.
Some of the more worrying changes that lie ahead for litigators in 2017 are Jackson LJ’s review of the extension of fixed recoverable costs and the potential increase in the small claims limit. However, the new spread sheet based bill of costs is particularly noteworthy.