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Budana v. The Leeds Teaching Hospitals NHS Trust & Anor [2017]

CFA assignment has reigned as a hot topic for some time in the legal world and after a 5 month delay the long-awaited judgment in Budana v The Leeds Teaching Hospitals NHS Trust & Anor [2017] EWCA Civ 1980 (05 December 2017) has finally been handed down by the Court of Appeal. Interestingly the Court of Appeal recognised that the case had to be approached “with an appreciation of the economic environment in which personal injury litigation is conducted today”…

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The Court of Appeal reinforces principle in Callery v. Gray

  Joe Rose, Costs Lawyer and London Office Manager at PIC reports. The Court of Appeal has recently been asked to consider whether Courts should decide on a case by case basis, whether it was reasonable for a Claimant to have taken out insurance to cover expert reports. In Peterborough & Stamford Hospitals NHS Trust v McMenemy & Ors [2017] EWCA Civ 1941, the Defendant asked the Court to depart from the principle in Callery v Gray [2002] UKHL 28 (27…

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Our Head of Court of Protection shares the latest chatter from the Senior Courts Costs Office delivered by Master Haworth at the recent Headway Deputy conference.

Adrian Hawley, Head of Court of Protection, recently had a question from a new Court of Protection Deputy, wondering what goes off at the Senior Court Costs Office when General Management Costs are assessed by the Costs Officers. We went through a recent presentation from Master Peter Haworth of the Senior Court Costs Office in order to answer this question. Adrian had the opportunity to hear Master Haworth speak at the Headway Deputy Conference, held in partnership with the Office…

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The BNM Court of Appeal Decision

Victoria Stewart, Costs Lawyer and Team Leader at PIC reports. It is here! Over 4 ½ years after the introduction of the new proportionality tests, we now have guidance from the higher courts. Cases have often cropped up since April 2013 on how to apply the ever-changing rules and the new proportionality test has always been a hot topic. In BNM v MGN Limited [2016] EWHC B13 (Costs) Master Gordon-Saker handed down Judgment to the effect that the new proportionality…

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Maximising Interim Payments: The High Court has spoken…

The High Court recently looked at what an appropriate sum for an interim payment on account of costs would be in Bank of Ireland (Governors and Company of) & Anor v Watts Group Plc [2017] EWHC 2472 (TCC) (6 October 2017).  Sean Linley, Costs Consultant at PIC, reports. The case was a professional negligence claim against the Defendant (‘Watts Group Plc’) which arose from the failure of a development company to whom the Bank had lent money. The claim was…

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Back in the spotlight: Breaching the indemnity principle

The judgment received in the recent case of Tucker v Hampshire Hospitals NHS Foundation Trust has brought the issue of breaching the indemnity principle back into the spotlight. Susie Power, Costs Consultant at PIC, takes a look at the case and offers some advice. In brief, the Claimant suffered a stroke and sought to sue the Defendant for a failure to treat chest pains experienced in November 2011. Irwin Mitchell had conduct of the case and following the issue of…

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