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.
A judge has refused to award claimants an uplift on their costs after beating a part 36 offer restricted just to the hourly rates in dispute.
The Court of Appeal has awarded successful appellants just 18% of their costs in overturning an earlier costs order.“ They sought £71,000 costs of a hearing against a costs order for £23,000.
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.
It would not be reasonable for an “impecunious” company to withdraw a crowdfunded claim for judicial review if it was denied a costs-capping order, because its shareholders have sufficient resources.
A challenge to a costs lawyer’s delegation of work to unqualified colleagues has failed, with a judge saying that to rule otherwise would make their work for members of the public “impossible”.
The court has jurisdiction to make an order for costs in a foreign currency on summary assessment, a deputy High Court judge has ruled in what he said appeared to be the first case on the point.
A part 36 offer made by a defendant in respect of both a claim and a proposed counterclaim which has yet to be pleaded is valid, the Court of Appeal has ruled.