Monthly Archives: July 2018

COSTS – SOLICITORS HOURLY FEES – WHAT IS REASONABLY INCURRED?

JXA (By his mother and litigation friend VLA) v Kettering General Hospital NHS Foundation Trust [2018] EWHC 1747 (QB) 9th July 2018 Goss J gave judgement as follows:- Although a master had erred in failing to decide whether a claimant had been reasonable to instruct a specific solicitor in a clinical negligence case, the appropriate […]

LATE ACCEPTANCE OF PART 36 OFFER WHERE FIXED COSTS APPLY – YOU STILL ONLY GET FIXED COSTS

In the introduction to the judgment of the Court of Appeal in Hislop v Perde; Kaur v Committee (for the time being) of Ramgarhia Board Leicester [2018] EWCA Civ 1726,  Lord Justice Coulson succinctly identified the issues: ‘By reference to two earlier decisions of this court, the issue of principle can be delineated in this way. Where […]

Indemnity costs, allegations of fraud and discontinuance: PJSC Aeroflot v Forus and others [2018] EWHC 1735 (Ch)

There are lessons for practitioners in all areas in the judgment of Rose J in Aeroflot v Forus and others. That case – a long-running chancery matter concerning skulduggery, political intrigue and alleged fraud –stands as a reminder that parties plead fraud at their peril. The Claimant, Aeroflot, alleged that the Defendants had perpetrated or facilitated […]

Whiplash Reforms Delayed Until April 2020

The MOJ has today confirmed that the implementation of sweeping reforms to whiplash claims, introduced by the Civil Liability Bill, will be delayed until April 2020. Included in the reforms are measures such as an increase in the small claims limit and a tariff-based system of compensation for whiplash claims. The Ministry of Justice originally […]