FIXED COSTS DO NOT APPLY WHEN THEY ARE INCONSISTENT WITH THE TERMS OF CONSENT ORDER: JUDGMENT ON APPEAL IN THE COUNTY COURT
NB THIS DECISION WAS OVERTURNED BY THE COURT OF APPEAL IN Ho v Adelekun [2019] EWCA Civ 1988, see the discussion here. I am grateful to Sam Hayman and Tom Jenkinson from Bolt Burdon Kemp for sending me a copy…
COURT STEPS OUTSIDE THE FIXED COSTS REGIME: DEFENDANT’S CONDUCT AMOUNTED TO AN ABUSE
The Intellectual Property Enterprise Court (IPEC) guards its fixed costs regime very jealously. Prior to the decision in Link Up Mitaka Ltd (t/a Thebigword) v Language Empire Ltd & Anor [2018] EWHC 2728 there appears to have only been one previous…
FIXED COSTS DO NOT APPLY TO MONTREAL CONVENTION CLAIMS: DECISION FROM LIVERPOOL
I am grateful to Katie Wheeler from Compass Costs for sending me a copy of the judgment of District Judge Baldwin (Regional Costs Judge) in McKendry -v- British Airways PLC (hearing 16th May 2018 – judgment received today, available here McKendry)….
A MONTREAL CONVENTION CLAIM DOES NOT FALL WITHIN THE PORTAL: FIXED COSTS DO NOT APPLY
I am grateful to Peter Bland from Scott Rees, solicitors, for sending me a copy of the decision in Mead -v- British Airways Plc*. Mead v BA template – Final 15 August 2018 (1)This considers the issue of whether a…
FIXED COSTS CONTINUE WHEN DEFENDANT ACCEPTS A PART 36 OFFER OUT OF TIME: COURT OF APPEAL DECISION TODAY
I am grateful to Matthew Hoe, solicitor, at Taylor Rose TTKW for sending me a copy of the Court of Appeal judgment today in Hislop -v- Perde [2018] EWCA Civ 1726. KEY POINTS The Court of Appeal held that, in…
ORDER FOR COSTS TO BE ASSESSED DOES NOT OUST FIXED COSTS: CIRCUIT JUDGE DECISION
I am grateful to Matthew Hoe of Taylor-Rose for sending me a copy of the decision of His Honour Judge Yelton in Bratek -v-Clark-Drain Limited (County Court at Cambridge 30th April 2018). A copy is available here Bratek v Clark-Drain Ltd…
COURT HAS A DISCRETION AS TO COSTS TO AWARD WHEN CLAIMANTS UNREASONABLY EXIT THE PORTAL: CPR 36.20 IS NOT DECISIVE
I am grateful to solicitor Matthew Hoe of Taylor Rose TTKW for sending me a copy of the transcript in Ansell & Evans -v- A.T & T (GB) Holdings Ltd (County Court at Oxford 14/12/2017 HHJ Clarke). A copy is…
UNREASONABLE FAILURE TO USE PROTOCOL WILL LEAD TO FIXED COSTS BEING AWARDED: COURT OF APPEAL DECISION: CPR 44 RULES THE DAY
In Williams v The Secretary of State for Business, Energy & Industrial Strategy [2018] EWCA Civ 852 the Court of Appeal considered the issue of the personal injury protocol and fixed costs. It was held that CPR 44 has sufficient width…
FIXED COSTS: USEFUL LINKS: THE REPORTS AND THE COMMENTARY
The Jackson Report on fixed costs has already led to a great deal of controversy. Here are links to some of the most useful posts and articles. These include links to the report itself, Guidance and the extensive commentary (including…
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