Blog

Part 36 consequences – The “near miss” arguments are back

Posted on: January 10th, 2019 by Catrin Matterson
SCCO rules that Part 36 benefit under 36.17(4) are severable The benefits/ consequences of the Claimant beating their own Part 36 offer provided for in CPR 36.17(4) have been considered in a recent SCCO Judgment by...

Certifying a Bill of Costs really is No Empty Formality

Posted on: June 26th, 2018 by Elena Kostova
The case of Gempride Limited v Jagrit Bamrah and Lawlords of London Limited EWCA Civ 1367 deals with responsibility for accuracy of Bill of costs, Points of Reply, subsequent submissions and possible...

A new attitude towards naming the Defendant on CFAs?

Posted on: June 20th, 2018 by Elena Kostova
In the recent case Drew Malone V Birmingham Community NHS Trust EWCA Civ 1376 the Court of Appeal considered the proper construction of a CFA and specifically whether it was limited to proceedings brought against the only...

Common Sense to the Rescue

Posted on: November 7th, 2017 by Brett Anderson
In the long awaited appeal, the judgment in BNM v MGN EWCA Civ 1767 has now been handed down. Not unsurprisingly the Court of Appeal has held that additional liabilities will be subject to old regime where base costs will...

How uncertain is uncertain?

Posted on: July 14th, 2017 by Brett Anderson
In the case of Briggs V CEF Holdings Ltd (2017) CA (Civ Div), the Court of Appeal were required to consider again the grounds on which it would be “unjust” to apply costs implications of Part 36 under CPR 36.13(5). These...