Court cannot order costs on account after part 36 acceptance

The courts have no power to order the payment of costs on account after a part 36 offer is accepted, the High Court has ruled. Mr Justice Birss said part 36 made no provision for one.

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Claimant and counterclaiming defendant “cannot both be protected by QOCS”

A cyclist defendant who counterclaimed against another cyclist after a head-on collision was not protected by qualified one-way costs shifting in the main action, a judge has ruled.

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Judge criticises City solicitor for giving witness statement to journalist

A High Court judge has strongly criticised a City partner who gave a journalist a copy of a witness statement made in support of an application for pre-action disclosure.

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“Master was wrong” to approve budget without final figure

A Queen’s Bench master was wrong in his approach to costs budgeting because he approved only the constituent parts of the estimated costs and not a final figure, the High Court has ruled.

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Lord Justice McFarlane

Virtual hearings “could improve quality of expert evidence”

The ability for experts to give evidence remotely in the new era of virtual hearings will be “very welcome” in some cases, a senior judge said today.

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Privilege ruling releases two documents and destroys one

A party’s claim to legal advice privilege over two internal emails has been rejected by the High Court, which has also ordered a privileged document disclosed by mistake destroyed.

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AI-based service aims to get litigation clients past lawyers’ caveats

A leading law firm has launched a service that uses AI to analyse large quantities of data quickly and minimise the “caveats” relied on by lawyers when assessing early stage disputes.

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Parties willing to incur costs “without limit” in arbitration challenge

A High Court judge has expressed his dismay at the “staggering” £1.2m costs bill racked up by parties in an arbitration dispute who appeared ready to incur costs “without limit”.

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