RETROSPECTIVE CCFA WAS VALID (BUT ONLY JUST): CFAS "AWASH IN A SEA OF ILLEGALITY":THE NEED FOR COMPLIANCE
In Pentecost -v- John [2015] EWHC 1970 (QB) Turner J (sitting with Master Leonard as an assessor) held that a retrospective Collective Conditional Fee Agreement was valid between the client and their solicitors, thus valid for the purpose of enforcing…
INCREASED COSTS AND "MYSTIFYING" PLEADINGS: A WARNING TO THOSE DRAFTING DEFENCES: IT'S GOING TO COST YOU
The judgment of Mr Justice Edis in Davies -v- Forrett [2015] EWHC 1761 QB is an object lesson on the dangers of lax pleading. Denying the relevance of a conviction in a pleading led to the joinder of a number…
SUCCESS FEES : DEFECTIVE NOTICE OF FUNDING AND RELIEF FROM SANCTIONS: A WHOLE BUNDLE OF ISSUES
The decision of Mr Justice Edis in O’Brien -v- Shorrock & the MIB [2015] EWHC 1630 (QB) deals with a number of important issues in relation to costs, notice of funding, the backdating of conditional fee agreements and relief from sanctions. THE…
RECOVERY OF THE INSURANCE PREMIUM IN CLINICAL NEGLIGENCE CASES: 10 KEY POINTS
The recent post on the decision in Nokes -v- Heart of England Foundation Trust [2015] EWHC B6 highlighted the issues relating to recoverability of the premium in clinical negligence cases. Here is a 10 point summary: 1. ONLY THAT PART…
INVESTMENT BANK SPECIAL ADMINISTRATORS CANNOT USE CFAS: HIGH COURT DECISION
Today appears to be a day for exceptions. An earlier post dealt with the remaining provisions whereby litigants can recover insurance premiums this post deals with the limited circumstances in which administrators can litigate and recover additional liabilities. The question…
PAYMENTS ON ACCOUNT OF COSTS DO NOT BREACH BREACH INDEMNITY PRINCIPLE AND SHOULD BE A "REASONABLE SUM"
In XYZ -v- Transform Medical Group (CS) Limited [2015] EWHC 1151 (QB) Mrs Justice Thirlwall DBE considered several issues in relation to payments on account of costs. THE CASE The action is a group action in which nearly 1000 women…
CFA NOT FRUSTRATED BY CAPACITY: BLANKLEY APPEAL DRAWS A BLANK FOR DEFENDANT
In Blankley -v- Central Manchester and Manchester Children’s University Hospitals NHS Trust [2015] EWCA Civ 18, where judgment was given today, the Court of Appeal upheld the first instance decision that a claimant’s subsequent incapacity does not invalidate a claimant’s…
SOLICITORS RETAINER WAS UNLAWFUL & NO COSTS PAYABLE: COURT OF APPEAL DECISION CONSIDERED
In the judgment given today Rees -v- Gateley Wareing [2014] EWCA Civ 1351 the Court of Appeal held that a retainer between the solicitor and client was unlawful, overturning the first instance decision on the matter. Consequently the solicitors could…
