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Part 36 uplift for beating offer includes contractual interest, High Court rules

10 ten per cent

The 10% uplift claimants receive for beating their part 36 offer includes contractual interest on the sum won at trial, the High Court has ruled. Mr Justice Spencer said the wording of the CPR was clear that the interest awarded as part of the sum to which the claimant was contractually entitled was part of the award made by the court.

June 27th, 2016

Now proportionality test bites in the Competition Appeal Tribunal

Law Society - Front2

Proportionality has hit the Competition Appeal Tribunal as it capped a defendant’s recoverable costs at £350,000, compared to its budgeted costs of £637,000. Tribunal president Mr Justice Roth said that where parties were of very disparate means, it may be necessary to limit what the bigger one received in costs if it won.

June 24th, 2016

Successful part 36 offer removes cap on provisional assessment costs, High Court rules

Gurion Taussig

A successful part 36 offer in a provisional assessment removes the £1,500 costs cap, the High Court has ruled. Overturning a decision of Master Whalan in the Senior Courts Costs Office, Mrs Justice Laing followed the reasoning of the Court of Appeal earlier this year in Broadhurst v Tan.

June 23rd, 2016

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My ATE provider is in trouble – Help!

Rory Wilson Amberis

The recent administration of insurance agent AU Insurance Services gave a real-life example of the difficult trading conditions in the post-LASPO era. We have seen law firms cease trading, but until now there have been fewer service providers casualties. Whatever the reason for AU’s failure, it is clear that the effect of the reduction in income post-LASPO is having an impact on a range of services. So what is the impact on a solicitor and their customers when their insurance provider goes in to administration/run off?

June 21st, 2016

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