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Tag: Matthew Rose

Posted on July 10, 2019October 12, 2020

INTEREST IS NOT PAYABLE ON AN ADDITIONAL AMOUNT AWARDED UNDER CPR 36.17(4)(d)

Where the Court awards an “additional amount” under CPR 36.17(4)(d) as a claimant / receiving party beating its own Part 36 offer, the additional amount will not attract “enhanced” interest under CPR 36.17(4)(a).

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Posted on March 5, 2019October 12, 2020

Consequences of beating a Part 36 offer may be varied by the Court

***THIS JUDGMENT HAS NOW BEEN SUPERSEDED*** Senior Courts Costs Office extends the principle in JLE v Warrington & Hamilton Hospitals NHS Foundation Trust [2018] EWHC B18 (Costs). In JLE  Master…

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Posted on January 4, 2019October 12, 2020

The effect of Payments on Account on Part 36 and Judgment

The case of Gamal -v- Synergy Lifestyle [2018] EWCA Civ 210 has reinforced the position that a payment on account does not “increase” the value of a paying party’s Part 36 offer…

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Posted on September 29, 2016October 12, 2020

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.

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Posted on July 29, 2016September 3, 2018

Clarion costs and litigation funding Newsletter July 2016

For up to date costs information please read Clarion’s July 2016 newsletter here

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Posted on June 24, 2016October 12, 2020

Qualified One Way Costs Shifting and CPR 36

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…

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Posted on June 17, 2016December 8, 2020

PROPORTIONALITY CONTINUES TO GET TOUGHER

The case of May & May -v- Wavell Group & Dr Bizarri [2016] is a another case which demonstrates the power of CPR 44.3(2) – ‘the Jackson test of proportionality’. …

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Posted on May 25, 2016October 12, 2020

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…

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Costs and litigation funding are services provided by Clarion Solicitors Limited.  Clarion is the trading name of Clarion Solicitors Limited.  This is our dedicated micro-site where we share relevant updates, news and case law about costs and litigation funding. For more details on the other services offered by Clarion, please visit our main site www.clarionsolicitors.com.  By clicking on the link and scrolling to the foot of the page, you will find links to our legal and regulatory information.

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