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
Following the introduction of Qualified One Way Costs Shifting (QOCS), parties have begun seeking to find ways to try to recover their costs where they are not, on the face of it, recoverable. One of the methods currently being tried is to make a CPR 36 offer on the basis that beating a CPR 36 offer will entitle the defendant to all of its costs, assessed on the standard basis.Read More »
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 »
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 »
In my article Calling Time: Requesting an Oral Assessment, I gave a brief overview of the consequences of the decision in Martin -v- The Leeds Teaching Hospitals NHS Trust (4th March 2016). A recent decision in the Leeds County Court has given further weight to the distinction between relief from sanction, and the application of CPR 47.15(7).