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QOCS protection extends to appeals, High Court rules

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Qualified one-way costs shifting applies not only to trials but to appeals, the High Court has ruled. In the first decision on the issue, Mr Justice Edis said claimants’ access to justice would be “significantly reduced” if they were exposed to the risk of costs of an unsuccessful appeal.

May 26th, 2016

Etherton named next Master of the Rolls

Sir Terence Etherton

Sir Terence Etherton – the current Chancellor of the High Court – was today named as the new Master of the Rolls. He will take over on 3 October 2016 following the retirement of Lord Dyson. Sir Terence, who is 65, was called to the Bar in 1974 and became a QC in 1990. He was appointed a High Court judge in 2001

May 26th, 2016

Appeal judges refuse to order assessment of costs agreed by administrators

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The Court of Appeal has refused a request by the liquidators of a company for a detailed assessment of costs agreed by the firm’s administrators. The costs involved were fees of €2.76m charged by City firm Slaughter and May.

May 25th, 2016

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An ATE insurer’s view on clinical negligence reforms

Richard Whale (1)

At present, part of a client’s ATE insurance premium is still recoverable from the losing party in clinical negligence claims where it relates to the risk associated with the cost of the liability and causation reports necessary during the investigation into the merits of a claim. So what exactly is the Ministry of Justice planning and what impact could its proposed changes to the ATE recovery rules have on solicitors and clinical negligence claimants alike? Back in August 2015 I met with Robert Wright (head of civil litigation and costs) and members of his team at the MoJ to discuss their proposals for premium recovery. At that time there were four options tabled.

May 19th, 2016

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