Fixed-Cost Cases and the Reversal of Ruling on Part 36 Offers
October 31, 2017
Although Regional Costs Judge, District Judge Besford previously ruled that late acceptance of a Part 36 offer in fixed cost cases automatically entitled the Claimant to an award of indemnity costs (see Sutherland v Khan), he has now reversed his ruling. Since this Judgment there have been many circuit judge appeals and in the case of Whalley v Advantage Insurance ,District Judge Besford concluded that his previous decision was wrong and instead concluded that the fixed costs regime applied where any Part 36 offers had been accepted out of time unless there were “exceptional circumstances” or conduct justifying indemnity costs. To read more, please Click Here.
Indemnity Costs and Hindsight
October 31, 2017
In a recent case before the High Court, it was concluded that the Court should “avoid the dangers of hindsight” when considering indemnity costs. In this case the successful party sought indemnity costs against the losing party on the basis that the claim was “unreasonable, hopeless and never should have been brought”. The Court however determined that the bringing of the case could be justified and losing parties should not be punished without good cause. To read more, please Click Here.
Pros and Cons of Jackson LJ’s Proposals
October 31, 2017
In a recent article by Andy Ellis (costs lawyer and managing director at Practico), the “pitfalls that remain” in relation to the fixed costs proposals were considered along with the “fundamental injustice that remains”. To read more, please Click Here.
Timetable for Fixed Fees in Personal Injury Cases appears to Slip
October 1, 2017
The target date for implementation of the fixed costs extension was October 2018 however, Costs expert Dominic Regan has commented that, realistically, “April 2019 is now a sensible objective”. To read more, please Click Here.
Campaigns against Fixed Recoverable Fees in Clin Neg Cases
October 1, 2017
Dozens of members of the Society of Clinical Injury Lawyers took their fight to Westminster this month over concerns relating to the proposals for fixed fees in medical negligence claims. Amongst their concerns was the potential that experienced solicitors would be driven from the sector thus putting patient safety at risk. To read more, please Click Here.
