Hailsham Chambers has reported on the Court of Appeal decision in the appeal of Hislop v Perde [2018] EWCA Civ 1726. This concerns the correct approach where a defendant accepts a claimant’s Part 36 offer after expiry of the 21 day period. Many claimants have argued that the claimant should be entitled to recover indemnity […]
Late acceptance by defendant of Part 36 offer Read More »
The lobbying over the Government’s proposals to slash RTA portal fixed fees has thrown up some interesting arguments. The Law Society has waded into the debate to argue that there is “substantial evidence” that the RTA portal fee should go up by £100, rather than down by £700. The Law Society has based this on
In costs law you can be sure of only one thing: If something looks like a duck, swims like a duck and quacks like a duck, it’s probably not a duck. Following on from my recent post as to When is an RTA not an RTA?, the decision of Costs Judge Master Campbell in Schneider
Of course it's a road traffic accident claim Read More »
Jonathan Djanogly has confirmed that the Government intends to reduce the fixed fees in RTA claims once the ban on referral fees comes in. Can we also expect a reduction in Guideline Hourly Rates, which haven’t been increased this year? A nicely balanced piece on the subject of RTA claims was published in the Daily
Fixed fees to be reduced Read More »
Back in January 2010, I raised some concerns about the upcoming new RTA claims process. I wrote: “Much has been made of the fact that the level of fixed fee is set below the average amounts recovered by claimant lawyers under the current rules. Good news for defendants. But, and it may be premature to
Abuses in RTA claims portal Read More »
Lisa Wright, barrister at 4 King’s Bench Walk, recently wrote a couple of interesting articles in the New Law Journal (18 February 2011 and 15 & 22 April 2001) on costs in RTA infant approval hearings. The second article dealt with costs under the new fixed costs regime under CPR 45.27 to 45.40. The article,
Costs in infant approval hearings Read More »
At this year’s Association of Costs Lawyers’ National Conference, one of the guest speakers, a regional costs judge, observed that the introduction of fixed fees for fast-track personal injury matters was not something that those present needed to be concerned about as most fast-track matters were currently dealt with by way of summary assessment. The
Fixed costs – Another Jackson myth Read More »
One of Jackson LJ’s proposals is for fixed costs for all stages of all fast-track matters. He concluded that this would produce savings in its own right as: “Claimant solicitors will no longer have to maintain documentation required for costs assessment” This is presumably on the basis that it will not be necessary to time
An end to time recording? Read More »
Litigation Funding recently reported on the Motor Accident Solicitors Society annual conference which had heard of problems concerning uncertainty surrounding the RTA claims process. These included whether bus passengers or multi-vehicle accidents are in the process. It’s a while since I looked at the rules in any detail but what is there to suggest that
RTA Claims Process uncertainty? Read More »
Dr Christopher Hodges and Professor Stefan Vogenauer of Oxford University have just published a major international study into litigation funding and costs. The project has already proven influential in contributing to the Review of Civil Litigation Costs in England and Wales conducted by Lord Justice Jackson earlier this year. The authors go on to recommend
Major Oxford Study into Litigation Funding and Costs Read More »
