FUNDAMENTAL DISHONESTY FOUND WHEN AN INVOICE WAS DOCTORED: NOT EVERYTHING CAN BE SAID WITH FLOWERS
I am grateful to barrister William Rankin for sending me a copy of the judgment of Recorder Knifton KC in Hamblett -v- Liverpool Wholesale Flowers Limited (Liverpool County Court, 23rd January 2023) a copy of which can be found here …
COURT OF APPEAL DECISION: DEFENDANT SHOULD NOT HAVE BEEN GRANTED PERMISSION TO SET ASIDE NOTICE OF DISCONTINUANCE: DEFENDANT WOULD NOT HAVE BEEN ABLE TO STRIKE OUT THE CLAIM
In Excalibur & Keswick Groundworks Ltd v McDonald [2023] EWCA Civ 18 the Court of Appeal rejected the defendant’s appeal, which was an attempt to subvert the principles of Qualified One Way Costs Shifting (“QOCS”). The claimant discontinued the action…
ANOTHER QOCS AND PART 36 CASE: COURT MAKING ORDER UNDER PART 36 DID NOT LEAD TO QOCS PROTECTION BEING OUSTED
In University Hospitals of Derby & Burton NHS Foundation Trust -v- Harrison [2022] EWCA Civ 1660 * the Court of Appeal rejected the defendant’s argument that QOCS protection was lost when the court was called upon to make an order…
QOCS PROTECTION APPLIED TO THE PERIOD BEFORE THE CLAIM WAS AMENDED TO PLEAD A CLAIM FOR PERSONAL INJURY: HIGH COURT DECISION TODAY
In Pathan v Commissioner of Police of the Metropolis [2022] EWHC 3244 (KB) Mr Justice Bourne held that an action could not become subject to QOCS part way through. If the claim was a personal injury claim at trial then…
CLAIMANT’S LATE ACCEPTANCE OF A PART 36 OFFER DID NOT PERMIT DEFENDANT TO SET OFFCOSTS AGAINST DAMAGES: QOCS PRINCIPLES REIGN SUPREME
In Chappell v Mrozek [2022] EWHC 3147 (KB) Master Stevens rejected the defendant’s argument that the claimant’s entitlement to costs, arising from late acceptance of a Part 36 offer, could be enforced from the claimant’s damages. The judgment examines the…
COST BITES 34: INTERLOCUTORY COSTS ORDERS CAN BE MADE AGAINST PARTIES WITH THE PROTECTION OF QOCS (IT IS ENFORCEMENT THAT MAY BE AN ISSUE)
In Atmani & Ors v Royal Borough of Kensington & Chelsea & Ors [2022] EWHC 2618 (KB) Senior Master Fontaine considered the costs consequences of the decisions made in her judgment, considered in an earlier post. The Master held that…
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 COUNTERCLAIMING DEFENDANT IS NOT ENTITLED TO QOCS PROTECTION: THAT WAS NOT WHAT THE JACKSON REFORM WERE FOR…
I am grateful to barrister Stephen Elphick for sending me a copy of the decision of HHJ Gargan in Sutcliffe -v- Ali (County Court at Middlesbrough 15th January 2021). It is a case that deals with the issue of whether…
KERRY UNDERWOOD ON COSTS – AND SO MUCH MORE: SUBSCRIPTION SERVICE READ ALL ABOUT IT
Kerry Underwood has started a new Newsletter – “Kerry On Costs… And So Much More…” THIRTY ISSUES IN 2021 The first issue can be seen here (and the link on this blog) and Kerry will produce at least 30…
QOCS IN “MIXED “CASES: THE COURT OF APPEAL SPEAKS
In the judgment today in Brown v Commissioner of Police of the Metropolis & Anor [2019] EWCA Civ 1724 the Court of Appeal considered the issue of QOCS in “mixed cases”. The judgment requires careful reading. Generally speaking all personal…
THE BACK TO BASICS SERIES: A RUNNING ACCOUNT: READ THEM ALL HERE
The “Back to Basics” series, as the title suggests, deals with some of the basic elements of civil procedure. It covers everything from applications and bundles to the taking of witness statements. The titles are often prompted by elements…
DOES A COUNTERCLAIMING DEFENDANT HAVE THE BENEFIT OF QOCS? NOT IN THIS COURT: THERE ARE NOW TWO (CONFLICTING) JUDGMENTS ON THIS ISSUE
I am grateful to Barrister Kevin Latham for sending me details of the decision of HHJ Venn in Waring -v- McDonell [2018] EW Misc B11 (CC). A link to the full decision is also available at the foot of Kevin’s…
QOCS PROTECTION COVERS A COUNTER-CLAIMING DEFENDANT: SOMETHING TO THINK ABOUT
I am grateful to barrister Andrew Lyons for sending me a copy of the judgment of HHJ Freedman in Ketchion -v- McEwan (28th June 2018), a copy of which is available here, 1061737_Ketchion v McEwan_Judgment for Approval_26 6 18. It is…
FULL QOCS PROTECTION DOES NOT EXTEND TO “MIXED CLAIMS”: THE COURT HAS A DISCRETION: JUDGMENT ON APPEAL
In The Commissioner of Police of the Metropolis v Brown [2018] EWHC 2046 (Admin) Mrs Justice Whipple held that a claim against the police for misuse of data, misfeasance in public office and misuse of private information, did not give rise…
APPEALS, QOCS AND SET OFF: MORE ON THE DECISION IN CARTWRIGHT -V- VENDUCT: COURT OF APPEAL ALLOWED SET OFF OF APPEAL COSTS
I am grateful to Gary Brankin and Jeremy Rae of BC Legal for providing more information about the decision in Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654, the court of Appeal decision on QOCS considered yesterday. This is a point on…
TOMLIN ORDER PREVENTS “SUCCESSFUL” DEFENDANT RECOVERING COSTS FROM CLAIMANT’S DAMAGES IN A QOCS CASE: BUT CHOOSE YOUR DEFENDANTS CAREFULLY
In Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654 the Court of Appeal considered issues relating to the recoverability of costs in multi-defendant cases where the claimant would normally have the protection of qualified one-way costs shifting. The case provides…
FUNDAMENTAL DISHONESTY ALLEGATION SHOULD HAVE GONE TO A HEARING: HIGH COURT DECISION: NO REQUIREMENT FOR EXCEPTIONAL CIRCUMSTANCES
In Alpha Insurance A/S v Roche & Anor [2018] EWHC 1342 (QB) Mrs Justice Yip found that the circuit judge should have allowed a claim of fundamental dishonesty to be heard. She allowed an appeal and held that the court should…
QOCS: WHAT IS A CLAIM FOR “DAMAGES FOR PERSONAL INJURIES”? JUDGMENT HERE – APPEAL PENDING
NB THIS JUDGMENT WAS OVERTURNED ON APPEAL. SEE THE POST HERE. I am grateful to barrister Claire Darwin for sending me a copy of the judgment of His Honour Judge Luba in Brown -v- The Commissioner of Police for the…
WHEN QOCS APPLY: COURT OF APPEAL DECISION: THE SWINGS AND THE ROUNDABOUTS
In Corstorphine (An Infant) v Liverpool City Council [2018] EWCA Civ 270 the Court of Appeal considered an important issue in relation to Qualified One Costs Shifting. What order should be made when the claimant has QOCS protection against some of…
FUNDAMENTAL DISHONESTY A DOZEN THINGS TO THINK ABOUT: A RECAP
Given recent decisions on fundamental dishonesty this may be a good time to rake over some key points. “I assure the Committee that the way that the clause is drafted should not result in the courts using the measures lightly….