Disapplication of QOCS: Is failure to pay the trial fee sufficient? 26 March 2019 Dominique-Smith case report, costs, courts, cpr, judges, litigant in person, personal injury, self represented litigant, Strike Out, travel (0) QOCS, otherwise known as Qualified One-way Costs Shifting, leaves defendants out of pocket when defe [More]
DISCOUNT RATE KLAXON - REVIEW DUE IN AUGUST 2019 20 March 2019 Francesca-ONeill clinical negligence, conditional fee agreements, costs, cpr, Damages, damages based agreements (0) The Lord Chancellor will announce later today that the first review of the personal injury discount [More]
Part 36 v Part 45 – Which is winning Round 2? 10 November 2017 Ella-Davis case report, costs, cpr (0) The cost consequences on judgment of a Claimant beating a Part 36 offer in a fixed recoverable cost [More]
Does ‘fundamental dishonesty’ need to be explicitly pleaded and/or put to a claimant in cross-examination? 02 November 2017 Max-Wilson costs, cpr, evidence, personal injury (0) These questions have been answered in the recent Court of Appeal decision, Lorna Howlett & Justi [More]
Costs Consequences of Late Acceptance of Part 36 Offers: recent guidance from the Court of Appeal 26 July 2017 Thomas-Crockett case report, costs, General, LP Part 36, procedure (0) It is a common issue: an early Part 36 Offer is made in a case prior to the claimant party being in [More]
Costs consequences of refusing to engage with ADR proposals are not automatic 25 May 2017 Thomas-Crockett case report, costs, General, LP Costs (0) The Court of Appeal in a judgment published yesterday declined to hold that a successful party to a [More]
What is “unreasonable behaviour” for the purposes of Small Claims Track Costs? 19 April 2017 Thomas-Crockett case report, costs, courts, cpr, General, LP Costs, LP Procedure (0) If the most recently mooted Government reforms as to the financial limit of the Small Claims Track o [More]
Whiplash injuries: a tale of two systems 25 February 2017 Ian-Miller access to justice, costs, Damages, employers liability, healthcare, insurance, legislation, litigant in person, personal injury, politics, quantum, road traffic accidents, whiplash (0) In October 2013 the government published its response to a “Consultation on arrangements conce [More]
Late-acceptance of Part 36 offers: Do fixed costs apply? 14 February 2017 Tom-Collins costs, courts, cpr, General, LP Part 36, personal injury, procedure, road traffic accidents (0) It’s a little over a year now since the Court of Appeal gave judgment in Broadhurst v Tan, a d [More]
Inadequate bundles: a costly mistake... 15 August 2016 Ian-Miller case report, costs, cpr (0) The July edition of Civil Procedure News reports a case in which a claimant's bundles were inadequate, two applications were adjourned and the claimant was ordered to pay the costs of producing properly prepared bundles and the costs thrown away as a result of the adjournment. The claimant had brought three applications for summary judgment on three separate claims. Two of the applications were supported by a witness statement which had 750 pages of exhibits. The judge criticised the lack of pagination and the fact that many of the exhibits were not placed in the bundle where they were stated to be in the witness statements. The inadequate pagination meant that the time-estimate for pre-reading and the hearing was inadequate. The judge found there had been a breach of the Overriding Objective (managing the courts resources proportionately). PM Project Services Limited v Dairy Crest Ltd [2016] EWHC 1235 is a sobering reminder of the potential consequences of poorly-prepared bundles. This decision comes hot on the heals of a decision earlier this year by the Court of Appeal. The editor of the Civil Procedure News draws attention to the decision in Pawar v JSD Haulage Ltd [2016] EWCA Civ 551 in which the Court of Appeal granted the respondent its costs of having to prepare appeal bundles as those submitted by the appellant were described as "chaotic".