“Sums in issue” does not just mean damages awarded in proportionality test

Nigel Havers

The ‘sums in issue’ when considering the proportionality of costs is a wider concept than the sum awarded or agreed, the Senior Costs Judge has said. Master Gordon-Saker was ruling in the latest series of costs cases to arise out of the Mirror Newspapers hacking litigation.

August 14th, 2018

High Court gives whiplash contempt proceedings green light

whiplash exam by doctor

A High Court judge has allowed a bus company’s application for committal proceedings to go ahead against two former claimants who said they had serious whiplash injuries from a minor traffic collision, when CCTV showed otherwise.

August 13th, 2018

Appeal judges reject “sliding scale” approach to quantum of security for costs

Money Pound coins 2

The Court of Appeal has rejected the use of a “sliding scale” to reduce the amount of security for costs in cases where there is a risk that court orders will not be enforced. It said the starting point in such a situation was that security should be “for the entirety of the costs”.

August 3rd, 2018

Judge orders indemnity costs against NHS trust for outrageous “bimbling”

Pills Tablets

The High Court has hammered both sides in a medical negligence case involving a mentally ill woman for outrageous “bimbling”. His Honour Judge Gore QC, sitting as a High Court judge, said the word – which means to move at a leisurely pace – was used by one of his daughters.

August 2nd, 2018

Circuit judge was wrong to apply QOCS to ‘mixed’ claim automatically, High Court rules

police station

A circuit judge was wrong to order that qualified one-way costs shifting automatically applied to a claim about misuse of data because it also included a personal injury element, the High Court has ruled. Mrs Justice Whipple said the court has complete discretion as to what action to take.

August 1st, 2018

CA: Accepting part 36 offer late does not displace fixed-costs regime

Matthew Hoe

A claimant in a fixed-costs case whose part 36 offer is accepted late is restricted to those fixed costs, the Court of Appeal has ruled. The decision, which follows several conflicting lower court rulings, will “affect the costs outcome in many other cases”, Lord Justice Coulson acknowledged.

July 24th, 2018

Call for Tomlin order review after major QOCS ruling

Lord Justice Coulson

The rules on qualified one-way costs shifting do not prevent a successful defendant in a multi-defendant claim recovering costs from the damages awarded against a different defendant, the Court of Appeal has ruled. However, it held that this right could not be enforced where the damages were payable under a Tomlin order.

July 18th, 2018

High Court judge slashes costs budgets in bus station competition law claim

Mr Justice Birss

A High Court judge has slashed the costs budgets of two parties in a competition law tussle over a bus station in Wales, while finding that of the party bringing the claim too low to use as a comparison. He also ruled that, in a multi-party case, each budget was to be looked at on its own, rather than combined to the total of what the other side might have to pay.

July 16th, 2018

Claimant costs start to fall as LASPO finally starts to bite, says NHS Resolution

Helen Vernon NHSLA

Claimant legal costs paid the NHS fell by £32m last year as the LASPO reforms finally start to show their impact, and formal litigation has been reduced to the lowest recorded level, NHS Resolution said today. But its annual report said last year’s revision to the discount rate meant the cost of claims rose sharply.

July 13th, 2018

High Court orders indemnity costs against claimant that discontinued on eve of hearing

Aeroflot plane

Russian state airline Aeroflot has been ordered to pay indemnity costs for the entire eight years of a fraud claim that it dropped on the eve of opening submissions. Mrs Justice Rose said a claimant who makes serious allegations of fraud and then abandons them should normally expect an order for indemnity costs.

July 10th, 2018


QOCS and multiple defendants – why both sides need to be wary

Chris McClure

The recent case of Cartwright v Venduct Engineering Limited [2018] EWCA Civ 1654 represents a very interesting development in the interpretation of rule 44.14. The question before the Court of Appeal was this: where, in a matter to which QOCS applies, a claimant has brought an action against multiple defendants, is a successful defendant entitled to enforce a costs award in its favour against damages recovered by the claimant from an unsuccessful defendant?

August 16th, 2018

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