Latest News

NHS judicial review to go ahead after High Court grants campaigners costs-capping order

Stephen Hawking

A judicial review of the government’s plan to introduce accountable care organisations – which campaigners claim will lead to the stealth privatisation of the NHS – is set to go ahead after the High Court granted the crowd-funded claimants a costs-capping order.

February 23rd, 2018

High Court orders manual document search in $65m damages claim after concerns over computer review

3d dosiier popping out from a laptop screen

A High Court judge has ordered a manual search of tens of thousands of documents in a $65m breach of warranty case because of concerns over the claimants’ approach to computer-assisted review. Mr Justice Coulson said disclosure had been “something of a running sore in this case”.

February 22nd, 2018

Supreme Court: No dispensation for LiPs in complying with rules and orders

Lord Sumption

A lack of representation may mean that litigants in person (LiPs) are afforded some latitude in case management decisions and in hearings, but it will “not usually justify” applying a lower standard of compliance with rules or court orders, the Supreme Court said today.

February 21st, 2018

Blog

Avoiding the trap of fixed costs in high-value claims

David Disney

Have you been caught out by fixed costs on a high-value RTA or EL/PL claim that settled prior to allocation to the multi-track? Over the past couple of months, we have seen this issue arise on a number of occasions. So, in what circumstances do fixed recoverable costs (FRC) under part IIIA of CPR 45 apply to high-value claims? They apply if a claim was submitted through the portal but no longer continues under the relevant protocol and the matter is not allocated to the multi-track. This is the scenario we are finding to be quite common in practice and something which practitioners should become familiar with in order to avoid the pitfalls of fixed costs.

February 23rd, 2018

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