CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP – DECEMBER 2019

Links and articles to blog posts and articles available online from December 2019.

Costs

Costs Barrister Cash flow and catastrophic personal injury litigation

Costs Barrister Fixed costs and translation fees

Association for Costs Lawyers Court can order costs in foreign currency on summary assessment 

Association for Costs Lawyers High Court: PA appeals can only be on issues raised at the hearing

Litigation Futures Costs lawyers call for review of guideline hourly rates

Litigation Futures Call for pre-assessment protocol for costs

Litigation Futures High Court limits scope of provisional assessment appeals

Part 36 Offers

Herbert Smith Freehills Court of Appeal confirms Part 36 offer cannot be made exclusive of interest

Disclosure

Herbert Smith Freehills High Court emphasises need for parties to agree disclosure search methodology and terms in advance

Privilege 

Herbert Smith Freehills High Court finds privilege not lost despite document being referred to in open court 

Herbert Smith Freehills Court of Appeal rejects claim to without prejudice or litigation privilege in communications incorporated into settlement agreement 

Court fees and rlief from sanctions

Litigation Futures “Disproportionate” to strike out claim for late payment of court fees

Kerry Underwood

NON-PAYMENT OF STAGE 1 COSTS TRIGGERS HIGHER FIXED COSTS

PART 36: OFFERS “EXCLUSIVE OF INTEREST” NOT VALID

APPEAL AGAINST PROVISIONAL ASSESSMENT LIMITED TO POINTS RAISED AT INITIAL ORAL HEARING CHALLENGING ASSESSMENT 

HIGH COURT JUDGE SLAMS £74,000 COSTS FOR TWO-HOUR HEARING

PORTALS, VULNERABLE ADULTS, HARM AND INCORRECT VALUATION 

PART 36: HIGH COURT AWARDS 10% ABOVE BASE

TRIAL FEE PAID LATE – TRIAL SHOULD STILL GO AHEAD 

CONDITIONAL FEE AGREEMENTS ARE CONTENTIOUS BUSINESS AGREEMENTS: YOU CAN’T JUST SUE ON THEM

INDEMNITY COSTS: HIGH COURT REVIEW OF PRINCIPLES AND RELEVANT CASE LAW 

PART 36: 8% APPROPRIATE INTEREST RATE SAYS HIGH COURT

COURT FEE REMISSION 

QUALIFIED ONE-WAY COSTS SHIFTING AND MIXED CLAIMS

CPR 71 ORDER FOR EXAMINATION OF JUDGMENT DEBTOR AVAILABLE FOR COSTS ORDER WHERE AMOUNT NOT YET DETERMINED

On this blog 

MAKING FINDINGS ON THE BASIS OF THE LIST OF DOCUMENTS ALONE: THE MACKENZIE PERPLEX 

THE LEGAL CHRISTMAS MUSIC CONTEST 2019: WIN A BEAR & BECOME A SONGWRITER: SUPPORTING FOOD BANKS

CIVIL PROCEDURE BACK TO BASICS 73: THE AUTOMATIC STAY

2019 AND CIVIL PROCEDURE – THE YEAR IN REVIEW (1): BUNDLES

PART 36: A SUCCESSFUL LITIGANT CAN BE BULLISH: CLAIMANT BEATS ITS OWN PART 36 OFFER AND THERE WAS NOTHING UNJUST IN THE DEFENDANT PAYING THE PRICE

THE LEGAL CHRISTMAS MUSIC CONTEST 2019: A RUNNING ACCOUNT OF THE CONTESTANTS 

ARGUE A WEAK CASE ON EACH AND EVERY POINT, GET INDEMNITY COSTS AWARDED AGAINST YOU

2019 AND CIVIL PROCEDURE – THE YEAR IN REVIEW (2): SERVICE OF THE CLAIM FORM (AND ALLIED ISSUES)

2019 AND CIVIL PROCEDURE – THE YEAR IN REVIEW (3): SANCTIONS AND RELIEF FROM SANCTIONS (OR NOT…)

2019 AND CIVIL PROCEDURE – THE YEAR IN REVIEW (4): FUNDAMENTAL DISHONESTY 

LAWYERS (AND OTHERS) ADD TRUE PROFESSIONALISM TO YOUR COOKING WITH THE BILLABLE HOUR CHEF’S JACKET

“PLEADINGS ARE NOT A GAME OF LUDO”: TESCO REFUSED PERMISSION TO WITHDRAW ADMISSION 

2019 AND CIVIL PROCEDURE THE YEAR IN REVIEW (5): WITH A LITTLE HELP FROM MY FRIENDS – CONTRIBUTIONS FROM TWITTER

HIGH COURT ALLOWS RELIEF FROM SANCTIONS APPEAL FAILING A FAILURE TO PAY THE TRIAL FEE ON TIME 

GETTING AWAY FROM THE PROTOCOL: MEANING OF “HARM”, “VULNERABLE ADULT” AND THE REASONABLE VALUATION OF A CLAIM AT MORE THAN £25,000

CLAIMANT DISCONTINUES – BUT NO ORDER FOR COSTS: THE PRINCIPLES CONSIDERED

LITIGATION: NO DUTY TO THE OTHER SIDE IN LITIGATION TO PUT FORWARD YOUR BEST EVIDENCE 

2019 AND CIVIL PROCEDURE, THE YEAR IN REVIEW (6): WHY WE STILL FRET OVER EXPERTS…

RELIEF FROM SANCTIONS REFUSED WHEN DEFENDANT FILES AN INADEQUATE PLEADING 

CORRECT INTEREST RATE ON COSTS WHEN CLAIMANT BEATS THEIR OWN PART 36 OFFER: TRIAL JUDGE WAS ENTITLED TO AWARD 10% OVER BASE

APPEALING AWARDS FOR PAIN AND SUFFERING IN PERSONAL INJURY CASES: THE APPELLANT’S UPHILL STRUGGLE 

STAYING SANE AS A LITIGATOR 8: SURVIVING CHRISTMAS

2019 AND CIVIL PROCEDURE, THE YEAR IN REVIEW (7): WITHDRAWING FROM ADMISSIONS (AND ANOTHER CHANCE TO PAY HOMAGE TO GUIDE DOG RALPH)

63 YEARS ON AND STILL ROLLING OFF THE PRESSES: MUNKMAN ON DAMAGES – ALBEIT WITH A NEW TITLE (1)

CIVIL PROCEDURE BACK TO BASICS 74: HEARSAY EVIDENCE AND SECTION 4 OF THE CIVIL EVIDENCE ACT 1995

CIVIL PROCEDURE BACK TO BASICS 75: COSTS BUDGETING: COUNSEL’S BRIEF FEE NOW PART OF THE TRIAL PREPARATION PHASE

2019 AND CIVIL PROCEDURE THE YEAR IN REVIEW: PART 36: THE GROWTH IN CLAIMANT’S PART 36 OFFERS – AND WHY THE CONSEQUENCES USUALLY APPLY

COSTS AGAINST A NON-PARTY: THE PRINCIPLES CONSIDERED AND APPLIED 

INTEREST ON PART 36 OFFERS: COURT OF APPEAL DECISION TODAY: “THE LAW REPORTS ARE OVER-FULL OF CASES IN WHICH PARTIES MADE OFFERS OUTSIDE THE SCOPE OF PART 36 AND THEN UNSUCCESSFULLY SOUGHT TO OBTAIN THE PART 36 BENEFITS LATER”

WITNESS EVIDENCE AND CLINICAL NEGLIGENCE: TO WHAT EXTENT IS “HYPOTHETICAL” EVIDENCE FROM DOCTORS ADMISSIBLE?

APPEALING A PROVISIONAL ASSESSMENT IS NOT A JAMBOREE: APPELLANT HAS TO STATE WHAT THEY ARE APPEALING AND HEARING IS CONFINED TO THOSE MATTERS

THE COURT WILL NOT READILY IMPLY SANCTIONS INTO ORDERS THAT DO NOT EXPRESSLY CONTAIN SANCTIONS: AN EARLY CHRISTMAS PRESENT FOR LITIGATORS 

PART 36, FATAL ACCIDENT CLAIMS AND PRE-ACTION SETTLEMENT: A POINT FOR BOTH CLAIMANTS AND DEFENDANTS TO WATCH 

“THEY LOST”: THE DANGERS OVER CONFIDENCE IN CORRESPONDENCE 

CIVIL PROCEDURE BACK TO BASICS 76: APPEALS – ASKING THE JUDGE FOR REASONS: “EMBARRASSMENT” IS NO EXCUSE NOT TO

BILLABLE HOUR COOKBOOK – NOW ON PERMANENT SALE: AN EDUCATIONAL AND CULINARY EXPERIENCE ALL ROLLED INTO ONE

2019 AND CIVIL PROCEDURE THE YEAR IN REVIEW: COSTS BUDGETING

2019 AND CIVIL PROCEDURE THE YEAR IN REVIEW: WELL BEING: LOOKING AFTER OURSELVES SO WE CAN LOOK AFTER OTHERS

2019 AND CIVIL PROCEDURE THE YEAR IN REVIEW: COMMITTAL PROCEEDINGS: “THE KANGAROO COURTS OF THE JUSTICE SYSTEM”

2019 AND CIVIL PROCEDURE THE YEAR IN REVIEW: FACTS, FIGURES AND SEARCH TERMS: “CAN A DEAD PERSON BE TAKEN TO COURT?”

CIVIL LITIGATION CASE OF THE YEAR: BATES V THE POST OFFICE: LITIGATING IN THE FACE OF “INSTITUTIONAL PARANOIA”

CIVIL LITIGATION BRIEF: “LAWYER OF THE YEAR 2019”: ISHAN KOLHATKAR: HARD WORK, UNDER PRESSURE OF TIME LED TO REMARKABLE RESULT

2019 AND CIVIL PROCEDURE – A ROUND UP OF THE ROUND UPS: WHAT TO FRET ABOUT AND WHAT NOT TO FRET ABOUT…