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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
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KERRY UNDERWOOD ON COSTS – AND SO MUCH MORE: SUBSCRIPTION SERVICE READ ALL ABOUT IT

January 27, 2021 · by gexall · in Civil Procedure, Conditional Fee Agreements, Costs, QOCS

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

QOCS IN “MIXED “CASES: THE COURT OF APPEAL SPEAKS

October 18, 2019 · by gexall · in Appeals, Costs, Part 36, QOCS, Risks of litigation

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: A RUNNING ACCOUNT: READ THEM ALL HERE

October 17, 2019 · by gexall · in Appeals, Applications, Assessment of Costs, Avoiding negligence claims, Bundles, Case Management, Civil evidence, Civil Procedure, Costs, Costs budgeting, Experts, Limitation, QOCS, Relief from sanctions, Serving documents, Statements of Case, Statements of Truth, Witness statements

  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

DOES A COUNTERCLAIMING DEFENDANT HAVE THE BENEFIT OF QOCS? NOT IN THIS COURT: THERE ARE NOW TWO (CONFLICTING) JUDGMENTS ON THIS ISSUE

November 12, 2018 · by gexall · in Applications, Costs, Personal Injury, QOCS

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

QOCS PROTECTION COVERS A COUNTER-CLAIMING DEFENDANT: SOMETHING TO THINK ABOUT

September 14, 2018 · by gexall · in Costs, QOCS

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

FULL QOCS PROTECTION DOES NOT EXTEND TO “MIXED CLAIMS”: THE COURT HAS A DISCRETION: JUDGMENT ON APPEAL

July 31, 2018 · by gexall · in Appeals, Costs, QOCS

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

APPEALS, QOCS AND SET OFF: MORE ON THE DECISION IN CARTWRIGHT -V- VENDUCT: COURT OF APPEAL ALLOWED SET OFF OF APPEAL COSTS

July 18, 2018 · by gexall · in Appeals, Costs, QOCS

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

TOMLIN ORDER PREVENTS “SUCCESSFUL” DEFENDANT RECOVERING COSTS FROM CLAIMANT’S DAMAGES IN A QOCS CASE: BUT CHOOSE YOUR DEFENDANTS CAREFULLY

July 17, 2018 · by gexall · in Appeals, Costs, QOCS, Risks of litigation

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

FUNDAMENTAL DISHONESTY ALLEGATION SHOULD HAVE GONE TO A HEARING: HIGH COURT DECISION: NO REQUIREMENT FOR EXCEPTIONAL CIRCUMSTANCES

June 1, 2018 · by gexall · in Appeals, Applications, Fundamental Dishonesty, QOCS

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

QOCS: WHAT IS A CLAIM FOR “DAMAGES FOR PERSONAL INJURIES”? JUDGMENT HERE – APPEAL PENDING

May 29, 2018 · by gexall · in Costs, QOCS

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

WHEN QOCS APPLY: COURT OF APPEAL DECISION: THE SWINGS AND THE ROUNDABOUTS

February 26, 2018 · by gexall · in Appeals, Civil evidence, Civil Procedure, Costs, QOCS

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

FUNDAMENTAL DISHONESTY A DOZEN THINGS TO THINK ABOUT: A RECAP

January 29, 2018 · by gexall · in Conduct, Fundamental Dishonesty, QOCS

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….

ALLEGING AND FINDING FUNDAMENTAL DISHONESTY, PLEADING AND EVIDENCE: COURT OF APPEAL JUDGMENT TODAY

ALLEGING AND FINDING FUNDAMENTAL DISHONESTY, PLEADING AND EVIDENCE: COURT OF APPEAL JUDGMENT TODAY

October 30, 2017 · by gexall · in Abuse of Process, Appeals, QOCS, Statements of Case

I am grateful to barrister Tom Vonberg  for sending me a copy of the Court of Appeal decision today in Howlett -v- Ageas [2017] EWCA Civ 1696.  Howlett & anr v Davies & anr- jt Final-1. Tom acted for the…

MIB CLAIM IS SUBJECT TO QOCS: COURT OF APPEAL OVERTURN HOWE

MIB CLAIM IS SUBJECT TO QOCS: COURT OF APPEAL OVERTURN HOWE

July 6, 2017 · by gexall · in Costs, Damages, Personal Injury, QOCS

“For the purposes of CPR Part 44.13, which describes the claims eligible for Qualified One-Way Costs Shifting (“QOCS”), what is a claim for damages for personal injury? As Stewart J said it is a simple question but does not yield…

QOCS, SET OFF AND COSTS: THE COURT DOES NOT HAVE POWER TO SET OFF COSTS AGAINST COSTS: COUNTY COURT DECISION

QOCS, SET OFF AND COSTS: THE COURT DOES NOT HAVE POWER TO SET OFF COSTS AGAINST COSTS: COUNTY COURT DECISION

June 22, 2017 · by gexall · in Costs, QOCS

In Darini -v- Markerstudy Group (24th April 2017) His Honour Judge Dight considered an important issue in relation to set off and costs. A copy of the judgment is available here. HMC25855_DariniOlsoyvMarkerstudy_ApprovedJudgment_24042017 (2) and has kindly been provided by Gavin Lampert…

SETTING ASIDE DISCONTINUANCE AND DISAPPLYING QOCS: A HIGH COURT DECISION

SETTING ASIDE DISCONTINUANCE AND DISAPPLYING QOCS: A HIGH COURT DECISION

June 15, 2017 · by gexall · in Applications, Costs, QOCS

In Shaw -v- Medtronic [2017] EWHC 1397 (QB) Mr Justice Lavender considered issues relating to the setting aside of notices of discontinuance and disapplying QOCS. He declined to set aside a notice of discontinuance or give permission to enforce costs…

FIXED COSTS APPLY TO APPLICATIONS FOR PRE-ACTION DISCLOSURE: COURT OF APPEAL DECISION TODAY

February 1, 2017 · by gexall · in Appeals, Applications, Costs, Disclosure, QOCS

The Court of Appeal judgment today in Sharp -v- Leeds City Council [2017] EWCA Civ 33 deals with an important point about fixed costs and applications for pre-action disclosure. KEY POINTS An application for pre-action disclosure made by a claimant…

FUNDAMENTAL DISHONESTY FINDING SET ASIDE ON APPEAL

November 2, 2016 · by gexall · in Civil evidence, Conduct, Costs, Fundamental Dishonesty, QOCS, Uncategorized

The judgment of His Honour Judge Hodge QC in Meadows -v- La Tasca Restaurants Limited [2016]EW Misc B28 (CC) (16 June 2016)  is now available on Bailli.  It contains some important observations about findings of fundamental dishonesty. “In my judgment,…

QOCS & DISCONTINUANCE: ANOTHER CASE (WHERE THE CLAIMANT WAS SUCCESSFUL)

September 1, 2016 · by gexall · in Costs, QOCS, Uncategorized

I am grateful to barrister James Bentley for drawing my attention to the judgment of Mr Recorder Berkley in Magon -v- Royal & Sun Alliance Insurance PLC  (26th February 2016). Another decision in relation to QOCS and discontinuance. The District Judge…

CLAIMANT ESTOPPED FROM RELYING ON QOCS: THE NEED TO BE ACCURATE

July 27, 2016 · by gexall · in Costs, QOCS, Uncategorized

I am grateful to barrister Matthew White for sending me details and a copy of the decision of His Honour Judge Lopez in Price -v- Egbert H Taylor &  Company Limited (16th June 2016).  This is the second judgment in the…

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