It has been recognised for some time now that the Courts have the power to make costs capping orders that limit in advance the amount of costs that a party can incur in litigation. The crucial question has been how readily the courts would use this power. There are two contrasting views. One being that […]
Costs Capping Consultation Read More »
The Government has now published its Response to the consultation paper: Case track limits and the claims process for personal injury claims. This has already received a mixed reaction in the legal and insurance press but here we will simply deal with the costs issues, which appear to have only received limited commentary to date.
Ministry of Justice Response Read More »
Gibbs Wyatt Stone recently secured a costs saving of approximately £160,000 in the case of Morgan v Llandow Metals (Newport County Court). The Claimant’s solicitors presented a Bill of Costs for approximately £160,000. An offer of £100,000 was made on behalf of the Defendant supported by an interim payment in the same sum. The offer
Morgan v Llandow Metals – £160,000 costs saving Read More »
The main issue considered in Crane v Canons Leisure [2007] EWCA Civ 1352 was whether the work performed by external costs draftsmen should attract a success fee. The claim had been conducted under a CCFA and, come the detailed assessment proceedings, the successful Claimant’s solicitors outsourced the work to external costs draftsmen. The Claimant’s solicitors
Crane v Canons Leisure Centre Read More »
In our last two Costs Law Updates we reported the decisions in Myers v Bonnington Cavendish Hotel) Ltd [2007] EWHC 90077 (Costs) and McFayden v Liverpool CC (Liverpool County Court, 9/5/07). These cases also concerned alleged breaches of Regulation 4(2)(e)(ii) where the Claimant’s solicitors had recommended an ATE policy but had failed to notify the
The same issue as in Bevan and McFayden, although this time with the case being referred by Accident Assurance Limited, was considered in Willoughby v Sepra Energy Trading (UK) Ltd (Liverpool County Court, 5/4/07). District Judge Smedley, sitting as a Regional Costs Judge, found that there had been a breach of Regulation 4(2)(e)(ii) in that
Willoughby v Sempra Energy Trading (UK) Ltd Read More »
In our last Costs Law Update we reported the decision of Myers v Bonnington (Cavendish Hotel) Ltd [2007] EWHC 90077 (Costs), where a costs judge had held there to be breach of Regulation 4(2)(e)(ii) where the Claimant’s solicitors had recommended an ATE policy but had failed to notify the client that they had an interest
McFayden v Liverpool CC Read More »
The case of Bevan v Power Panels Electricals Systems Ltd [2007] EWHC 90073 (Costs) concerned a claim conducted under a CFA where the case was referred to the solicitors by the claims management company Accident Advice Helpline (AAH). The defendant challenged the validity of the CFA on the grounds that there had been a breach
Bevan v Power Panels Electricals Systems Ltd Read More »
In the case of Brady v Rec-Tech Leisure Ltd (Tunbridge Wells County Court, 24/4/07), the Claimant, through her litigation friend, instructed Branton Edwards solicitors (now Branton Bridge) to act under a CFA. The case had been referred to Branton Edwards through Result Management Ltd (Result), a claims management company. The CFA recommended that the Claimant
Brady v Rec-Tech Leisure Ltd Read More »
