Clarion has a Costs Management Newsletter
Costs Management Newsletter January 2015
Category: Litigation Costs
£3,500.00 in damages and nearly half a million pounds in Legal Costs – How do you deal with Disproportionate Costs?
I’ve often found myself wanting to get into the mind of a Costs Judge and the case of Gilks -v- Hodgson [2015] EWCA Civ 5 is one such case. …
Failure to Word Tomlin Order Correctly Can Result in Adverse Costs
We have often encountered difficulties when costs orders have not been termed correctly. One example is where a party failed to include the provision for costs to be assessed in the final Tomlin Order, and…
Part 36 leads to indemnity costs, enhanced interest and an additional £75,000.00 in damages in Downing -v- Peterborough & Stamford Hospitals NHS Foundation Trust [2014]
If you ever needed to be convinced of the advantages of putting forward a strong early Part 36 offer then this look no further than the case of Downing –v-…
Coventry –v- Lawrence – The Immediate Aftermath and why Additional Liabilities on pre-Jackson cases are still recoverable
Most lawyers will likely be familiar with the unexpected judgment provided by the Supreme Court in the case of Coventry and others v Lawrence and another (No 2) [2014] UKSC…
Scott -v- Hull & East Yorkshire Hospitals NHS Trust
Scott –v- Hull & East Yorkshire Hospitals NHS Trust presents a strong precedent for both the receiving and paying party. The receiving party failed to prove that there was a…
Proportionality – How This Has Changed Post Jackson
Following the Jackson Reforms (1st April 2013), the issue of proportionality has seen big changes. Pre-April 2013 Before 1st April 2013, proportionality was clearly defined under CPR 1.1(c): “(c) dealing…
Dufoo – v – Tolaini and Ors, Court of Appeal – Civil Division, November 27 [2014] EWCA Civ 1536
This is an interesting costs case whereby three Claimants issued proceedings against the Defendant. Two of the Claimants settled their claims and the third one went on to trial and…