The need to avoid making dishonest and misleading assertions in the context of litigation is not, frankly, something which the High Court should need to reiterate. The judgment of Garnham J in Liverpool Victoria Insurance Company Ltd v Khan and others [2018] EWHC 2581 (QB) therefore makes for sobering reading. The interesting point of principle arising out […]

This is a recent decision of the Senior Courts Costs Office which deals with the need for solicitors to provide their clients with a bill of costs, even in fixed costs case where the solicitors were instructed on the basis of a CFA and where costs were recovered from the other side. The Defendant firm […]

In Welsh v Walsall Healthcare NHS Trust [2018] EWHC 2491 QB, Mrs Justice Yip DBE considered whether it was reasonable to depart from the usual rule in r.44.2 that the winner recovers their costs in full. This is a useful example of how a Court approached the principle of costs when the overall winning party was unsuccessful […]

Cartwright v Venduct Engineering Limited [2018] EWCA Civ 1654 When a claimant with the benefit of QOCS protection discontinues a claim there should be no enforceable costs order against them unless there has been fundamental dishonesty in bringing the claim. But what is the position in a case of multiple defendants where the same claimant is […]

1. At long last, 18 months after the judgments were delivered, Ilott v Mitson has reached the Law Reports – [2018] AC 554. It gives an opportunity to look again at some of the views expressed by the Supreme Court in what was and may well remain the one and only time that the interpretation […]

ALPHA INSURANCE A/S v LORRAINE ROCHE (1) and BRENDAN ROCHE (2) [2018] EWHC 1342 (QBD) (Yip J) – 25TH MAY 2018 The claimant discontinued a claim. The defendant’s alleged that the claim was dishonest and asked the court to determine the issue of fundamental dishonesty so the defendant’s could enforce their entitlement to costs. FACTS […]

Caine Steven John Ellis (A Child by his Grandmother & Litigation Friend Janey Titley) v Paul Kelly (Defendant/Part 20 Claimant) & Violet Ellis (Part 20 Defendant) [2018] EWHC 2031 (QB) In this case the defendant driver admitted liability for personal injury suffered by the eight-year-old claimant whom he hit at speed. However, he sought a finding […]