Part 36 in Personal Injury Claims

Practitioners in RTA or EL/PL cases take note! Settlement by Part 36 can have unexpected consequences, and defendants must seriously consider whether making a Part 36 offer is appropriate if they wish to dispute the costs claimed.

[27/09/18 – UPDATE] the issues have been determined on appeal – read the report here

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Looking Back: are costs incurred prior to the date of a CFA recoverable?

For retainers entered into on and after 1 April 2013, success fees have been, in the vast majority of cases, unrecoverable inter partes. For this reason, it is easy to think that there is less need to be rigorous in compliance with the letter of the rules relating to CFAs as, the thinking goes, they will never be tested. Unfortunately such an attitude can have dire consequences, and could even lead to all of the costs claimed being disallowed.Read More »

Good news on assignment of CFAs-Jones v Spire Healthcare Limited appeal successful

In a County Court judgment handed down on 11 May 2016 regarding District Judge Jenkinson’s decision on CFA assignment in Jones v Spire Healthcare, His Honour Judge Graham Wood QC has allowed the Claimant’s appeal – thereby rendering assignment of CFAs between separate firms of solicitors valid and enforceable and allowing recovery of both pre- and post-assignment costs.Read More »

Calling time: requesting an Oral Assessment

The decision in Martin -v- The Leeds Teaching Hospitals NHS Trust (4th March 2016) shows the importance of understanding the requirements of CPR 47.15(7).

Gordon Exall gives some helpful context to Martin in his article Denton Does Not Apply to Delay in Provisional Assessment. In summary, the receiving party filed a request on the very last day allowed by the rules, but failed to serve a copy on the paying party. The court held that the receiving party had therefore failed to comply with CPR 47.15(7).Read More »