In Tuson v Murphy, the Court of Appeal ruled the defendant would have to bear the claimant’s costs up to the end of the relevant period even in circumstances where the claimant had been dishonest and misled the court. Continue reading

The Court of Appeal rules on Part 36 costs consequences where an accepting party has been dishonest

The introduction of damages-based agreements (DBAs) as part of the Jackson reforms did not have the immediate impact on law firm retainers that some may have expected. Whilst most lawyers would have been attracted by the potential for huge returns in successful cases, the early years saw few firms willing to step into what they considered to be a minefield. Their reticence was due, in part, to concerns about the drafting of the DBA Regulations and, in particular, the inability to offer “hybrid” or partial no win, no fee arrangements. Continue reading

Know your costs lawyers from your costs draftsmen
The Court of Appeal delivered judgment in the case of Gempride v Bamrah recently, a case on misconduct in detailed assessment proceedings. The case is the first time the Court of Appeal has considered CPR 44.11 and is essential reading for any solicitor who sub-contracts out costs work to a cost specialist. Continue reading