DIRE ISSUES ARISE WHEN AN EXPERT FAILS TO COMPLY WITH THEIR OBLIGATIONS IN RELATION TO THE JOINT MEETING: FULL TRANSCRIPT NOW AVAILABLE
I have written before about the decision of Senior Master Fontaine in Andrews & Ors v Kronospan Ltd [2022] EWHC 479 (QB) where the claimants permission to rely on an expert witness was withdrawn because of conduct in relation to…
PERMISSION TO APPEAL REFUSED IN EDWARDS COSTS CASE: THE TEST FOR A SECOND APPEAL WERE NOT SATISFIED
In May I reported on the decision in Edwards (& others) -v- Slater and Gordon UK Limited [2022] EWHC 1091. There was an application for permission to appeal that judgment. Permission was refused. Full details can be found here THE CASE…
THE CONSEQUENCES OF FAILING TO FILE A BUDGET DISCUSSION REPORT: A CASE TO CONSIDER
I am grateful to Jodie Davis from Irwin Mitchell for sending me a note of a judgment given in a case relating to non-service of the Budget discussion report. The note is reproduced in full below. There is an interesting…
NINE YEARS ON 2: “DRAFTING WITNESS STATEMENTS : THE QUESTIONS YOU ASK WILL DETERMINE THE ANSWERS YOU GET: EIGHT CRUCIAL POINTS ON EVIDENCE”
I am “reprinting” a post from every year that this blog has been going. Today we have reached 2014. A post on drafting witness statements and the asking of leading questions. This is an ongoing issue. The drastic measures introduced…
NINE YEARS ON 1: SUING THE “MAN OF STRAW”: IS THERE ANYTHING YOU CAN DO ABOUT THE IMPECUNIOUS AND UNINSURED DEFENDANT?
People were very kind about the 9th anniversary of the blog. I have decided to extend the celebrations slightly by taking a post from each of the nine years. This was the second ever post on the 25th June 2013. …
QOCS APPLIES TO LEGALLY AIDED CASES: HIGH COURT DECISION
In Macaulay v Karim & Anor [2022] EWHC 1270 (SCCO) Senior Costs Judge Gordon-Saker found that a legally aided claimant had the protection of QOCS. A defendant who had a costs order in its favour could not enforce that order…
A BIT MORE ABOUT HOURLY RATES: TWO NATIONS?
This morning we looked at the case of EVX v Smith [2022] EWHC 1607 (SCCO), a case about hourly rates. The costs judge making an observation that £315 – £320 an hour was the appropriate rate for a Grade A fee…
HOURLY RATES AGREED WITH LITIGATION FRIEND ARE SUBJECT TO REVIEW: THE APPROPRIATE PROCEDURE WHEN A SHORTFALL IN RECOVERABLE COSTS IS SOUGHT FROM A CLAIMANT
In EVX v Smith [2022] EWHC 1607 (SCCO) Costs Judge Brown held that the hourly rates charged by a solicitor to their own client are subject to review when the court is considering the amount that the claimant should pay…
WITNESS STATEMENTS: A FAILURE TO FOLLOW THE BASIC RULES IS OFTEN A SIGN OF MORE FUNDAMENTAL PROBLEMS…
We are looking at another aspect of the judgment of HHJ Pearce in Pitalia & Anor v NHS Commissioning Board [2022] EWHC 1636_2 (QB). The judge took the time to note that none of the claimant’s witness statements complied with…
ANOTHER CLAIM FORM CASE: ANOTHER CLAIMANT COMES TO GRIEF OVER SERVICE OF AN UNSEALED CLAIM FORM: DEFENDANT,HOWEVER, SAVED BY CPR 3.10.
In Pitalia & Anor v NHS Commissioning Board [2022] EWHC 1636_2 (QB) His Honour Judge Pearce dismissed a claimant’s appeal in a case where the claim form had not been validly served. The defendant had made an error in that…
NINE YEARS OF BLOGGING: 9th ANNIVERSARY OF CIVIL LITIGATION BRIEF (AS A BLOG)
This blog has now reached its 9th year. I have resisted the temptation to do a full scale review (I’m saving that for the 10th). I am just looking at edited highlights. FACTS AND FIGURES There are 4,761 posts on…
THE COSTS JUDGE OVER YOUR SHOULDER 2: THERE WAS NO MISCONDUCT BY THE CLAIMANTS, HOWEVER THE COSTS OF ARGUING ABOUT CONDUCT WERE NOT ALLOWED
In Balaj & Ors v Secretary of State for the Home Department [2022] EWHC 1627 (SCCO) Costs Judge James considered, and rejected, the defendant’s arguments that the claimant’s conduct should lead to costs being reduced. However the costs of the…
COSTS INCURRED PRIOR TO DEFENDANT’S BREACH ARE RECOVERABLE: THEY WERE “INCIDENTAL” TO THE APPLICATION
In Gee, Re The Estate of [2022] EWHC 1590 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) considered an argument that costs incurred by the claimant in an attempt to prevent the breach of a court order, and…
THE COSTS JUDGE OVER YOUR SHOULDER: A WORKING EXAMPLE: THE DETAILED ASSESSMENT OF COSTS: HOURS, SUPERVISION AND THE USE OF COUNSEL
The judgment of Master Rowley in Lyle & Anor v Bedborough & Anor [2022] EWHC 1628 (SCCO) gives an insight into the process of detailed assessment of costs. The Master considered the complexity of the case, the use of counsel…
THE REDUCTION OF A SUCCESSFUL CLAIMANT’S COSTS BECAUSE OF CONDUCT: RELEVANT CALDERBANK OFFERS CONSIDERED: RECOVERABLE COSTS REDUCED BY 15% AND 60%
In Mathieu v Hinds & Anor (No. 2: Costs) [2022] EWHC 1624 (QB) Mrs Justice Hill reduced a claimant’s recoverable costs. An initial 10% reduction was made because of the pursuit of a claim for provisional damages which was not…
SERVICE BY EMAIL WAS NOT GOOD SERVICE: A CLAIMANT NEEDS A SPECIFIC STATEMENT THAT SERVICE WILL BE ACCEPTED: APPLICATION FOR AN EXTENSION OF TIME REFUSED
In Karanja, R (On the Application Of) v University of the West of Scotland [2022] EWHC 1520 (Admin) Michael Ford QC, sitting as a Deputy High Court Judge, found that a claim form had not been served when it was…
SUMMARY ASSESSMENT OF COSTS: THERE WAS PROCEDURAL UNFAIRNESS IN THE ASSESSMENT PROCESS, HOWEVER THE RESULT WOULD HAVE BEEN THE SAME
In Golubovich v Golubovich [2022] EWHC 1605 (Ch) Mr Justice Edwin Johnson refused a defendant permission to appeal from the decision made in a summary assessment of costs. There had been procedural unfairness in the way that the assessment was…
SIMMONS -V- CASTLE 10% UPLIFT APPLIES TO DAMAGES FOR BREACH OF REPAIRING COVENTANT: COURT OF APPEAL DECISION TODAY
In Khan v Mehmood [2022] EWCA Civ 791 the Court of Appeal held that the 10% uplift in s.44(6) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 applied to damages for breach of a repairing covenant. “……
ED SHEERAN: SONGWRITING, CONDUCT AND COSTS: THE WINNING PARTY GETS PAID: THE COURT WOULD NOT TURN REALITY ON ITS HEAD
In Sheeran & Ors v Chokri & Ors [2022] EWHC 1528 (Ch) Mr Justice Zacaroli rejected an argument that conduct during an action should lead to costs being disallowed. “This, however, is to turn reality on its head. The…
FATAL ACCIDENTS: AVOIDING THE PITFALLS: WEBINAR 28th JUNE 2022
This webinar is designed to look at those areas of fatal accident litigation where a lawyer can be negligent, or run into significant problems. Booking details are available here. TOPICS TO BE COVERED Important issues prior to death, the…