The Supreme Court has kept the door open to what claimants’ lawyers have predicted will be “millions” of delayed flight compensation claims by rejecting permission to appeal applications from airlines Jet2.com and Thomson.
Applications for adjournments of costs assessment until the Supreme Court’s decision in Coventry v Lawrence are rightly being given “short shrift”, the Senior Costs Judge has said.
The courts have “unfettered discretion” to order costs budgets, whatever the size of the damages at stake, Mr Justice Coulson has said, despite arguments to the contrary based on the wording in the CPR.
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In the most recent edition of the Law Society’s Civil Justice Newsletter, Rocco Pirozzolo laid bare the reasons why damages-based agreements (DBAs) have yet to take off. The essential problem with the DBA is that it is an all or nothing bet. A single roll of the dice. An ‘empty out’ job on the last favourite at Sandown.