Blog

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...

As you were!

Posted on: June 21st, 2017 by Nicholas Cook
The wait is over - the Court of Appeal has handed down its highly anticipated judgment in the costs budgeting case of Harrison –v- University Hospitals Coventry & Warwickshire NHS Trust. The Court considered three...

BNM Under-fire Again

Posted on: January 31st, 2017 by Brett Anderson
In the excellent judgment of Master Brown in the case of Murrells v Cambridge University NHS Foundation Trust 2017, for a second-time Master Gordon-Saker’s approach in BNM has been “respectfully” disagreed with.  In...

Additional Liabilities….. above the law of proportionality?

Posted on: December 28th, 2016 by Brett Anderson
On the last working day before Christmas Master Rowley handed costs practitioners a gift in the handing down of his judgment in King v Basildon & Thurrock University Hospitals NHS Foundation Trust. This case...

When fundamental really means exaggeration

Posted on: December 2nd, 2016 by Brett Anderson
It is being reported that in the recent case of Menary v Darnton in which the published judgment is awaited, that Mr Justice Hughes has provided a definition for "fundamental dishonesty" which extends the application of...