Jackson reforms

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

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

Senior Costs Judge flags concern over PI solicitors’ standard 100% success fee

ACL Roundtable

The Senior Costs Judge has called on the Law Society to remind personal injury solicitors of their obligation to undertake individual risk assessments in low-value cases and not just apply a blanket 100% success fee. He also called for a broad extension of qualified one-way costs shifting.

July 6th, 2018

DBAs and referral fees in spotlight as Ministry of Justice begins LASPO review

Ministry of Justice sign

The reforms contained in part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 are generally working well, the Ministry of Justice said today in a preliminary assessment that marks the start of the post-implementation review of the provisions.

June 28th, 2018

Jackson calls for costs budgeting to curb high costs of arbitration

Sir Rupert Jackson

Sir Rupert Jackson, only weeks into his new role as an arbitrator, has called for costs budgeting to tackle the “high level of costs” in arbitration, at least for lower-value claims, in the wake of survey findings that two-thirds of respondents described the high level of costs as “the worst feature of international arbitration”.

June 6th, 2018

Judge was wrong not to order fundamental dishonesty hearing, says High Court

fr73113327

A circuit judge wrongly exercised his discretion in refusing to order a hearing on whether a claim was fundamentally dishonest, the High Court has ruled. Mrs Justice Yip, exercising the discretion afresh, ruled that it was “reasonable” to give the defendant insurer, Alpha, the chance to put its case.

June 4th, 2018

Rowley enters debate over what constitutes “good reason” to depart from budget

Jason Rowley

Master Rowley has become the latest judge to rule that a reduction in hourly rates for incurred costs is not a good reason to do the same to budgeted costs. The fact the case settled for significantly less than had been claimed was also not a good reason, he found, as the claim was reasonable and not exaggerated.

May 1st, 2018

Prepare for problems with new electronic bill, say costs lawyers – but don’t panic

Iain Stark - Weightmans shot

The Association of Costs Lawyers has sought to calm fears about the electronic bill of costs – which became compulsory in the county court and Senior Courts Costs Office from last Friday – even though it said significant teething problems “are likely”.

April 10th, 2018

High Court throws 100% success fee model for low-value PI claims into doubt

Per cent 100 Hundred

The High Court has thrown the industry-standard model for handling low-value personal injury claims into doubt after ruling that solicitors still need to undertake individual risk assessments before setting the success fee – rather than just applying 100% across the board.

March 26th, 2018

Judge disapplies QOCS for part of solicitor’s failed claim over quality of Oxford teaching

Mr Justice Foskett

A High Court judge has disapplied qualified one-way costs shifting (QOCS) for part of a failed claim by a solicitor that Oxford University was to blame for a worse-than-expected degree that he said has affected his career to date. While much of the claim was for personal injury, there was also a claim for pure economic loss not covered by QOCS.

March 20th, 2018

Blog

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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