Costs

Judge outlines concern over “extraordinary” £129m costs of RBS in defending rights issue case

A#1000

The judge in charge of the RBS rights issue litigation has outlined his “very great concern” about the “extraordinary” costs racked up by the bank, which are currently estimated at £129m. He made the comments when dealing with an application for security for costs against two funders backing the last remaining group of claimants.

May 24th, 2017

Exclusive: Jackson “moving away” from £250,000 upper limit for fixed-cost cases

Paul Tennant

A widespread consensus has emerged that Lord Justice Jackson is backing away from extending fixed recoverable costs to cases worth up to £250,000, Litigation Futures can report – although what level he is now looking at is unknown.

May 23rd, 2017

Court of Appeal backs claimant solicitors in “£400 club” case

Lord Justice Briggs

Solicitors who received the £400 stage 1 fixed-costs payment due under the original version of the RTA protocol do not have to repay the money even though no action was then taken on their cases, the Court of Appeal has ruled.

May 16th, 2017

“This is not a game” – High Court warns party that countered claimant’s budget with very low figures

A#1000

A defendant who offered very low sums in their budget discussion report in the hope that the court may compromise in the middle of the polarised figures put forward by the two sides is guilty of “an abuse of the cost budgeting process”, a High Court judge has ruled.

May 15th, 2017

Judge accepts “material change” argument in increasing security for costs

Pound coins 2

The High Court has agreed to order a claimant to pay additional security for costs, even though the ‘material change’ in circumstances behind the defendant’s application were known to the judge who made the original order.

May 15th, 2017

Fixed-cost plans for clinical negligence “will prevent many cases being brought”, CJC warns

surgeons

Government plans to impose fixed costs on clinical negligence cases worth up to £25,000 “will prevent many cases being brought”, the Civil Justice Council has warned. The CJC said it was particularly concerned that the new regime for experts “may indeed prove to be a barrier to access to justice”.

May 11th, 2017

High Court upholds decision to disapply QOCS in ‘mixed’ claim

handcuffs

The High Court has upheld a ruling that disapplied qualified one-way costs-shifting (QOCS) under the little-used exception relating to ‘mixed’ claims, and in what is said to be the first case of its type, where the personal injury element was found to be a relatively minor part of the wider claim.

May 9th, 2017

Insurer loses bid to appeal indemnity costs issue in unusual case where expert agreed to cover its costs

coins

An insurer has failed to convince a judge that a medical expert who agreed to cover its costs in a whiplash case should be ordered to pay on the indemnity basis. Ageas Insurance appealed against the ruling at Liverpool County Court, but the appeal was rejected by the High Court.

May 9th, 2017

Struck-off solicitor loses costs claim against client who thought he was still in practice

contract

A struck-off solicitor has seen his £4,500 costs claim against a client he represented in an employment tribunal disallowed because he failed to correct her belief that he was acting as a practising solicitor.

May 5th, 2017

MedCo issued hundreds of warnings to users over poor behaviour in past year

stethoscope on keyboard - medical report

MedCo issued 337 warning letters to users – and went on to suspend two-thirds of them – over the past year for behaviours such as circumventing the random search selection process and influencing medical experts’ opinions on diagnosis/prognosis, it has emerged.

May 3rd, 2017

Blog

Fixed recoverable costs: unfair and wrong in principle?

Alex Bagnall

Are fixed recoverable costs inevitable? On 11 November 2016 it was announced that Jackson LJ was to consult on the extension of fixed recoverable costs. That announcement was clear: those involved were to “look at options to extend fixed recoverable costs much more widely”; and to “develop proposals for extending the present fixed recoverable costs regime”. It was said that “the momentum is heavily for reform” and that the purpose of the review was to provide “opportunity for comments and submissions on the form and scope that reform should take”.

April 18th, 2017

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