A principle that a defendant receiving security for costs from a claimant’s litigation funder should not have to provide a cross-undertaking in damages will improve the funding market, the Court of Appeal has ruled.
The High Court has rejected a judicial review that argued the Ministry of Justice failed to carry out an adequate review of the impact of the LASPO reforms on those with asbestos-related diseases.
The question of whether underspending on a phase is a good reason to depart from a budget has come under the spotlight again after a costs judge ruled that it was not.
The High Court has rejected a challenge to the Ministry of Justice’s failure to extend qualified one-way costs shifting to discrimination claims in the county court.
Claimant and defendant lawyers have accused each other of behaviour which inflates costs, in their responses to the government consultation on extending fixed recoverable costs.
Clinical negligence claims could be handled by a tribunal under a new test for liability of whether the patient has suffered ‘reasonably avoidable injury’, Sir Rupert Jackson has proposed.
A failure to pay a trial fee can result in qualified one-way costs shifting being disapplied on strike-out, a judge has ruled in a decision could have implications for the new personal injury small claims regime.
Lawyers have reacted with caution to government plans to implement Sir Rupert Jackson’s recommendations for fixed recoverable costs, especially given the evidence behind the figures.
The Ministry of Justice today laid out its intention to implement Sir Rupert Jackson’s blueprint for fixed recoverable costs across the fast-track and in most money cases worth up to £100,000.
Both claimant and defendant solicitors expressed themselves dissatisfied with the Ministry of Justice’s conclusion that the part 2 LASPO reforms have largely achieved their goals.
In addition to questions about the motivations for curbing legal challenges to political decisions, the proposed reforms to judicial review raise concerns about undermining the reputation of the English courts