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Costs Aware Autumn 2019
Welcome to the 6th issue of Costs AWARE from Keoghs. You’ll find articles discussing Part 36 offers, Proportionality and the changing world of a costs negotiator.
Keoghs specialist Costs Team is ranked as one of the top 3 Costs Teams in the UK.
In JLE v Warrington & Halton Hospitals NHS Trust Foundation Trust, a dispute arose where the claimant was allowed costs of just under £432,000 and beating the claimant’s Part 36 offer to accept £425,000.
On 17 July 19 the Court of Appeal handed down judgment on a number of issues arising out of the respondent’s successful challenge to the amount of the After The Event (ATE) insurance premium recoverable by the appellants in two clinical negligence claims.
Costs of assisting a criminal investigation challenged and generic costs reduced to reflect the number of failed claims
Instructions were received on behalf of the insurer for a Children’s Home, against whom a number of claims for physical and sexual abuse were brought by the former residents, dating back to the late 1960s and early 1970s.
Guidance from the higher courts on the application of proportionality under CPR 44.3(2)(a) and CPR 44.3(5) has been a long time coming.
Armed with a dictaphone and a calculator, and clutching some trusty case law, I was tasked simply with making a saving on the claimant’s costs. With Fixed Recoverable Costs (FRC) on the horizon, I genuinely expected this to be a short term secondment.
Applications for interim payments on account of costs before a matter has settled are common in high value, long running cases.
One of the key parts of civil litigation is the ability to make offers to settle.
Why does the claimant want to agree a consent order to settle the claim when they have accepted the defendant’s Part 36 offer? Some may say that as cash flow and costs maximisation are the...