Archive for 2016

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...

Small Track Limit for PI Claims to Rise

Posted on: November 17th, 2016 by Brett Anderson
Following George Osborne's autumn statement (2015) seeking to reduce whiplash claims, the Ministry of Justice has published its proposals and has invited responses in a 50 day period of consultation. The ministry has...

Multi-track means Multi-track Costs

Posted on: November 16th, 2016 by Brett Anderson
The Court of Appeal has today handed down judgment in the appeal of Qader and others v Esure Services Ltd EWHC B18 (TCC). The original decision has been reversed despite seemingly acknowledging that the decisions of the...

Delay is Fatal to Relief from Sanction Applications

Posted on: November 14th, 2016 by Brett Anderson
In the case of Clearway Drainage Systems v Miles Smith the Court of Appeal has again reiterated the need to apply for the relief from sanction promptly. In this case the Claimant failed to file witness evidence and, despite...