COST BITES 134: THE FACT THAT THE DEFENDANT HAD A COSTS ORDER IN ANOTHER ACTION WAS NOT GROUNDS FOR REFUSING AN INTERIM ORDER FOR COSTS
In Baldudak v Matteo (Re Costs) [2024] EWHC 301 (Ch) Mr Andrew Sutcliffe KC, sitting as a High Court Judge, made an order for a substantial interim payment of the claimant’s costs. He did not accept the defendant’s argument that…
WEBINAR ON PERIODICAL PAYMENTS AND PROVISIONAL DAMAGES: RECENT CASES AND THE BASIC PRINCIPLES REVISITED: 19th FEBRUARY 2024
This webinar looks at recent cases in relation to periodical payments and periodical payments, including an interesting negligence case brought against solicitors who failed to claim provisional damages. It then looks at the law, practice and procedure relating to provisional…
ACCOMMODATION AND APPLIANCE CLAIMS – WEBINAR 15th FEBRUARY 2024
A webinar on the 15th February looks at accommodation and appliance claims in personal injury cases. Booking details are available here. THE WEBINAR Claims for accommodation and appliances are a major part of many serious claims. Here…
DAMAGES FOR CARE: RECENT CASES AND THEIR SIGNIFICANCE FOR PRACTITIONERS: WEBINAR 8th FEBRUARY 2024
This webinar look at claims for care, the law underpinning care and assistance claims, looking at practical ways of preparing the case and presenting the schedule and cover. The webinar covers, in particular, the cases and observations made in recent…
DAMAGES FOR THE SELF EMPLOYED AND THOSE INVOLVED IN ENTERTAINMENT AND SPORT: WEBINAR 25th JANUARY 2024
On the 24th January there is a webinar looking at claims for damages for self-employed people. It also looks at the issues relating to losses, particularly loss of earnings, caused by those involved in sports and entertainment (it also looks…
EXPERTS IN THE COURTS IN 2023: ESSENTIAL POINTS FOR PRACTITIONERS AND EXPERTS: WEBINAR 24th JANUARY 2024
Keen readers will note that already this week there have been two cases reported on this blog where the conduct or “expertise” of experts have been subject to judicial criticism. Issues relating to expert evidence in litigation have been a…
DAMAGES FOR LOSS OF EARNINGS: WEBINAR 18th JANUARY 2024
An injured claimant is often most concerned about their ability to earn their living. This webinar looks at the essential elements of a claim for loss of earnings. It looks at recent cases to illustrate in a practical way how…
FIRST CLAIM FORM CASE OF 2024: CLAIMANT COMES TO GRIEF WHEN THE DEFENDANT WAS SERVED BY THE WRONG METHOD: NO RELIEF AVAILABLE
It took until the 4th January for the first case in relation to service of the claim form to come to light. In Chehaib v King’s College Hospital NHS Foundation Trust & Ors [2024] EWHC 2 (KB) Master Stevens dismissed…
SERVICE OF THE CLAIM FORM: TWELVE THINGS YOU NEED TO KNOW TO AVOID “DICING WITH PROCEDURAL DEATH”
This is a periodic post (every 3 – 4 years or so) about issues relating to service of the claim form. It will be surprising if there are not cases (and subsequent blog posts) about service issues this year. There…
DAMAGES FOR PAIN AND SUFFERING: WEBINAR 11th JANUARY: PART OF THE DAMAGES SERIES 2024
On the 11th January 2024 I am presenting a webinar on Damages for pain and suffering. This is a part of a series of webinars looking at the basic elements of major heads of damages for personal injury, with a…
SERIES OF WEBINARS ON DAMAGES: AVAILABLE AS A “BUNDLE” – OR ONE AT A TIME…
Next year I am presenting a series of eight webinars on personal injury damages. APIL is offering these as one off webinars, or the whole series can be subscribed to as a “bundle”. Booking details are available here. THE…
WEBINAR ON CLINICAL NEGLIGENCE COSTS: KING CHAMBERS EVENT: 7th DECEMBER 2023
My colleagues Andrew Hogan and Kevin Latham are presenting a webinar on Clinical Negligence Costs on the 7th December 2023. Booking details are available here. THE WEBINAR In this timely seminar, Andrew Hogan and Kevin Latham will consider current issues in clinical negligence costs…
SERVICE OF THE CLAIM FORM CASES: THE PAST 14 MONTHS: ANOTHER SEASON OF THE DREARY & UNLOVELY CROP OF PROCEDURAL SERVICE ISSUES: WEBINAR 5th FEBRUARY 2024
This year has seen a bumper number of reported cases on what Master McCloud has referred to as a “dry and unlovely crop of procedural service issues”. This webinar on the 5th February looks at the cases relating to the…
EXPERTS IN THE COURTS IN 2023: WEBINAR 24TH JANUARY 2024: ESSENTIAL ISSUES FOR ALL LITIGATORS AND EXPERTS
Over the course of 2023 we saw many cases in which the conduct of experts and those who instruct them came under close scrutiny and criticism in the courts. I am presenting a webinar on the 24th January 2024 reviewing…
COST BITES 114: LOOKING AT DETAILED ASSESSMENTS (3): SCHEDULES OF DAMAGES UNDER THE MICROSCOPE: THEY HAVE NOT BEEN DRAFTED SYSTEMATICALLY, OR WITH PROPER CARE AND ATTENTION
We are continuing with the series where we look closely at what can happen at a detailed assessment and return to the judgment of Cost Judge James in HD v Northern Devon Healthcare NHS Trust [2023] EWHC 2118 (SCCO). The judge…
WEBINARS ON DAMAGES IN 2024: SOMETHING TO WARM UP THE WINTER DAYS EARLY IN THE NEW YEAR…
Early next year I am presenting a series of eight webinars on personal injury damages. The series looks at the major heads of damages for personal injury and clinical negligence cases, with a particular emphasis on those claims in the…
WEBINAR ON DRAFTING SCHEDULES IN PERSONAL INJURY CASES: 9th NOVEMBER 2023
I am presenting a webinar on drafting Schedules on the 9th November 2023. Booking details are available here. “In the event, the Original Schedules of Loss were shown to be quite unreliable and, in many respects, bore little or no relation…
WORKING REMOTELY: AVOIDING PROCEDURAL AND OTHER PITFALLS: WEBINAR 16th OCTOBER 2023
Working remotely can give rise to additional pressures on litigators, particularly in relation to procedural issues and dealing with problems that occur in litigation and with clients. This webinar looks at the major pitfalls that can occur in personal injury…
DAMAGES IN ANTICIPATION OF DEATH AND FOR LOSSES PRIOR TO DEATH: WEBINAR 11th OCTOBER 2023
Claims for reduction of life expectancy or for losses prior to death can be difficult and complex. They require a highly sensitive approach. They also require a large degree of knowledge of the relevant legal principles. There are traps and…
TODAY’S THE DAY: KEY POSTS AND ARTICLES ON FIXED COSTS
I suspect that this blog will be writing about fixed costs for some time to come. To mark (I won’t say “celebrate”) the start of the new regime I have done a round up previous posts, useful lectures and webinars…
CHILDREN AND FATAL ACCIDENT LITIGATION: WEBINAR 4th OCTOBER 2023
There are particularly difficult and sensitive issues involved when a fatal case involves a child dependant, or it is a a child that is killed. A webinar on the 4th October 2023 looks at the particular difficulties and examines the…
RECENT CASES IN FATAL ACCIDENT LITIGATION – WHAT CAN WE LEARN FROM THEM? WEBINAR 25th SEPTEMBER 2023
Fatal accident cases can give rise to practical and technical issues that require a detailed knowledge of the relevant principles and case law. On the 25th September 2023 I am presenting a webinar looking at recent decisions in fatal cases…
COST BITES 103: INTERIM BILLS WERE NOT FINAL BILLS: CLIENT COULD STILL HAVE THEM ASSESSED
In Ivanishvili v Signature Litigation LLP [2023] EWHC 2189 (SCCO) Costs Judge Leonard rejected an argument that a series of bills rendered by a solicitor were “statutory” bills. This meant that all the bills could be subject to assessment. The…
DRAFTING SCHEDULES OF DAMAGES: “THE SCHEDULE WAS A FICTION … THE POINT WAS RECOGNISED ON BEHALF OF BOTH CLAIMANTS”: SELECTED QUOTES (AND A WEBINAR)
The the judgment of Costs Judge James in HD v Northern Devon Healthcare NHS Trust [2023] EWHC 2118 (SCCO) is one of a long series of cases where judges have been critical of the way in which schedules of damages have been…
THE COVER UP IS INVARIABLY WORSE THAN THE ERROR: WHAT TO DO WHEN MISTAKES ARE MADE
The post earlier this week based on the article by the Honourable Joseph Quinn led to to look in detail at one point made – that of avoiding a “cover up” and acting immediately to deal with mistakes. This led…
TWELVE KEY POINTS FOR PERSONAL INJURY LAWYERS ABOUT BANKRUPTCY AND INSOLVENCY (AND A PLUG FOR A WEBINAR)
I still see, on a fairly regular basis, problems caused in personal injury cases where a claimant is bankrupt and has failed to tell their lawyers. Equally often there are cases where it is clear that a claimant is, or…
THE COSTS JUDGE OVER YOUR SHOULDER: DEDUCTING COSTS FROM THE CLIENT’S DAMAGES: WEBINAR 20th SEPTEMBER 2023
On the 20th September 2023 I am presenting a webinar looking at issues relating to the deduction of costs from the client’s damages in a personal injury claim.This webinar looks at the regulations and case law relating to the deduction…
THREE WEBINARS ON KEY ISSUES IN FATAL ACCIDENT LITIGATION
I am presenting three webinars on fatal accident litigation for later this year. These deal with recent developments in fatal accident litigation; children and fatal cases and the difficult issue of damages in anticipation of death and claims for losses…
UPDATES ON PART 36: YOU’VE READ THE BLOG – NOW SEE THE MOVIES…
The update I gave on May 3 2023 for Kings Chambers Costs and Litigation Funding Team on Part 36 is now available on YouTube on this link THE WEBINAR The webinar goes through the significant cases on Part 36…
Costs and the administration of estates: Kings Chambers Costs Team Webinar: 18th May 2023
On the 18th May 2023 at 4.00 pm my colleagues at Kings Chambers Matthew Smith and Andrew Hogan are presenting a webinar on costs and the administration of estates. “the consideration that professional advisers should generally be paid for their…
CONTRIBUTORY NEGLIGENCE: LEARNING FROM RECENT CASES: WEBINAR 5th JUNE 2023
Contributory negligence is one of those issues that play a daily part of the life of the personal injury practitioner. The basic principles underlying findings of contributory negligence are rarely explored, however these can have profound practical implications for the…
WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION: WEBINAR 25th APRIL 2023
This blog spends a lot of time looking at cases where things have gone wrong, for one reason and another. This webinar on the 25th April 2023 looks at the main problem areas in litigation and the practical steps that…
Drafting witness statements the rules, the guidance and the cases: Webinar 18th APRIL 2023
Judges regularly complain that witness statements are inadequate and do not contain sufficient information, alternatively that they contain much information that is irrelevant and the witness is unable to give. This webinar looks in detail at the rules and practice…
Damages for pain and suffering: The legal principles and their practical implications: Webinar 12th April 2023
On the 12th April 2023 I am presenting a webinar on “Damages for pain and suffering”. Looking, in a detailed way at the practical issues that a litigator has to consider when dealing with awards for pain and suffering. The…
WHAT TO DO IF THE DEFENDANT MAKES AN EARLY PART 36 OFFER: WEBINAR 30th MARCH 2023
The changes to the rules as to the set off of QOCS for action issued on or after the 6th April 2023 makes the proper assessment of Part 36 offers of even more importance. Not only will the costs incurred…
THE COSTS JUDGE OVER YOUR SHOULDER – MAXIMISING RECOVERY ON ASSESSMENT: WEBINAR 6th APRIL 2023
I am presenting a webinar on the 6th April 2023 – The Costs Judge Over Your Shoulder 2023 – Maximising recovery. Booking details are available here. THE WEBINAR “Here the reduction was very large and the reason for the reduction was…
CROWING OVER COSTS IS NOT A GOOD LOOK FOR A LITIGANT: A REMINDER OF THE IMPORTANCE OF SOCIAL MEDIA
We are looking again at the judgment of Lord Justice Underhill in Credico Marketing Ltd & Anor v Lambert & Anor [2023] EWCA Civ 262. There is a very brief passage which serves as a reminder that clients can expect…
REDUCING THE RISKS OF ADVERSE COSTS ORDERS IN CIVIL LITIGATION: WEBINAR 23rd MARCH 2023
With the changes coming into place in relation to QOCS on the 6th April 2023 it is now more important than ever that claimants avoid adverse costs orders. This webinar looks at the best and safest means of litigating to…
Fatal accidents series 2023 – Taking care of the client and yourselves: Webinar 1st March 2023: Essential viewing on St David’s Day
On the 1st March 2023 solicitor Hilary Wetherell is presenting the 5th webinar in the series on fatal accidents. Booking details are available here. The webinar deals at the practical steps that the lawyer can take to understand and help…
THE NEW RULES ON QOCS 3: WHAT INFORMED COMMENTATORS ARE SAYING: & TWO USEFUL WEBINARS
In the third in this series I thought it would be useful to highlight what informed commentators are saying in relation the new rules. I have gathered a range of views below. I have taken some key comments, however reading…
ENSURING EVERYTHING GOES RIGHT IN FATAL ACCIDENT CLAIMS: WEBINAR 22nd FEBRUARY 2023
On the 22nd February 2023 I am presenting a webinar on Fatal Accidents “Ensuring Everything Goes Right”. This looks at the problem areas that can arise in fatal claims and how to avoid them. Booking details are available here. THE…
PREPARING A SCHEDULE IN A FATAL CLAIM: WEBINAR 15th FEBRUARY 2023
On the 15th February 2023 I am presenting a webinar on preparing a schedule in a fatal accident claim. The webinar looks at the essential elements of a claim for damages in fatal accident litigation, considering all the information necessary…
UNDERSTANDING THE LAW RELATING TO FATAL ACCIDENTS: WEBINAR 8th FEBRUARY 2023
On the 8th February 2023 I am presenting a webinar “Understanding the Law Relating to Fatal Accidents”. Booking details are available here. THE WEBINAR This webinar takes you through the essential elements you have to consider before you can advise…
WEBINAR ON FATAL ACCIDENTS 1: SEEING THE CLIENT FOR THE FIRST TIME AND PREPARING FOR THE INQUEST: 1st FEBRUARY 2023
On the 1st February 2023 solicitor Hilary Wetherell is presenting the first in a series of webinars on fatal accidents. This webinar deals with the essential elements of the first meeting with the client and preparing for the inquest. Booking…
THE COSTS JUDGE OVER YOUR SHOULDER 2023 – MAXIMISING RECOVERY: WEBINAR 6th APRIL 2023
The recent judgment in Deutsche Bank AG v Sebastian Holdings Inc [2023] EWHC 9 (SCCO) illustrates the problems that receiving parties can cause for themselves. The claimant’s bill was reduced by 31% (£16.9 million) despite the assessment being on an indemnity…
CASES ON SERVICE OF THE CLAIM FORM IN 2022: WHAT LITIGATORS CAN, AND MUST LEARN FROM THEM: WEBINAR 14th OCTOBER 2022
2022 has seen some significant decisions in relation to service of the claim form, with many claimants coming to grief due to basic errors made when serving, or attempting to serve. This webinar “One Day Out” but still too late:…
COURT AWARDS CLAIMANT DAMAGES FOR HARASSMENT: FORTHCOMING WEBINAR ON THE LAW OF HARASSMENT AND THE PERSONAL INJURY LAWYER
In Thomas Hodson Hodson Developments Ltd v Person Unknown & Ors [2022] EWHC 1960 (QB) Mr Justice Jay awarded damages in a case where he found that the defendants had harassed the claimant. An award was made for general damages…
PERIODICAL PAYMENTS AND PROVISIONAL DAMAGES: THE IMPORTANCE OF RECENT DEVELOPMENTS: WEBINAR 9th SEPTEMBER 2022
This webinar looks at recent cases in relation to periodical payments and provisional damages and considers their practical implications for personal injury practitioners. Booking details are available here. WEBINAR CONTENTS Cases to be considered include: The decision in Mathieu v…
Witness statements in the client’s own words: Witness statements when the client’s first language is not English: Webinar today
I am giving a webinar on the 25th July 2022 at 12.00 on “Witness statements in the client’s own words: Witness statements when the client’s first language is not English.” Booking details can be found here. (The webinar will be…
WEBINARS ON KEEPING YOUR COOL: UNDERSETTLEMENT, PROCEDURAL PITFALLS AND LIMITATION PROBLEMS: AVOIDING MATTERS HEATING UP WHEN THE HEATWAVE IS OVER
In September I am presenting a number of webinars with the theme of “avoiding problems”. These are avoiding undersettlement: avoiding procedural pitfalls and avoiding problems with limitation. “AVOIDING UNDERSETTLEMENT: A GUIDE FOR PERSONAL INJURY LAWYERS” 19th September 2022 …
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