Costs Archives - The QMLR Archive

Liability Determination Does Not Automatically Lead to Entitlement to Detailed Assessment

ABA v University Hospitals Coventry and Warwickshire NHS Trust [2022] EWHC B4 This case confirms a point of some significance for Claimant lawyers which must be borne in mind when liability issues are resolved either by judgment or settlement, leaving the quantum of damages to be assessed. The short point…

By Richard Smith May 24, 2022Costs, Issue 11

Costs Issue 10

Third Party Costs Orders and Experts

Robinson v Mercier, Liverpool County Court [2021] 9 WLUK 400 The Court made a Third Party Costs Order (“TCPO”), in the sum of £50,543.85, pursuant to Part 46.2 and Part 46.8 CPR 1998 and Section 51 of the Senior Courts Act 1981, against Dr Mercier, General Dental Practitioner. Dr Mercier…

By Giles Colin January 24, 2022Costs, Issue 10Experts

Costs Issue 10

QOCS and Set-Off

Ho v Adelekun [2021] UKSC 43 In a case to which qualified one-way costs shifting (‘QOCS’) applies, can a defendant set-off a costs order in its favour against the claimant’s costs where there is no damages award that the defendant can set-off its costs against? That was the issue which…

By Pritesh Rathod January 24, 2022Costs, Issue 10QOCS

Costs Inquests Issue 8

Equivocal Admissions and Inquest Costs

Greater Manchester Fire and Rescue Service v Veevers [2020] EWHC 2550 (Comm) An admission of liability before an inquest can have a substantial effect on the recoverability of the family’s inquest costs. An early and full admission may extinguish them entirely. But in the cautionary case of Veevers, the High…

By Thomas Beamont April 15, 2021Costs, Inquests, Issue 8

Costs Issue 7

Costs Update

Re PLK [2020] 9 WLUK 364 An end to the 2010 level of costs recovery set by the Guideline Hourly Rates for Costs Review is under way, some comfort in the meantime comes from Master Whalan in the SCCO in Re PLK [2020] 9 WLUK 364. For the past decade…

By Sarah Lambert KC March 8, 2021Costs, Issue 7

Costs Issue 7

Fundamental Dishonesty Removes Costs Protection

David Pegg v (1) David Webb (2) Allianz Insurance PLC [2020] EWHC 2095 (QB) Introduction Martin Spencer J held that a judge had erred in dismissing a personal injury claim but not finding that the Claimant had been fundamentally dishonest and, given the finding of fundamental dishonesty, CPR Rule 44.16…

By Suzanne Lambert March 8, 2021Costs, Issue 7Fundamental Dishonesty

Costs Issue 6

Costs Update

Costs is not always the first thought on a clinical negligence practitioner’s mind, but the first 6 months of this year have been busy with relevant costs decisions. Here are the author’s top 10 useful costs decisions to keep in mind as you plan, practice, and seek to recover /…

By Sarah Lambert KC September 1, 2020Costs, Issue 6indemnity costs, Part 36

Clinical negligence Costs Issue 5

Wasted Costs Arising from an Expert’s Breach of Duty

Thimmaya v Lancashire NHS Foundation Trust [2020] PNLR 12 This article originally appeared in Issue 5 (May 2020). An expert witness had failed to fulfil his duty to the court under CPR 35 to provide competent expert evidence and therefore a wasted costs order was made against him for the…

By Suzanne Lambert May 1, 2020Clinical negligence, Costs, Issue 5Experts1 Comment

Costs Issue 5

“The Race Is Not (Yet) To The Swift”: With Apologies to Ecclesiastes 9:11

Swift v Carpenter [2020] EWCA Civ 165 This article originally appeared in Issue 5 (May 2020). So Swift v Carpenter rumbles on. The restrictions imposed during the Covid-19 pandemic have meant that the adjourned appeal of 24 July 2019, due for hearing on 23 March 2020 and listed for four…

By William Edis KC May 1, 2020Costs, Issue 5

Clinical negligence Costs Court of Protection Inquests Issue 5 Personal injury Procedural Public Quantum Regulatory

In Brief – May 2020

In each issue, we try and cover cases in brief which we were unable to cover in full. Below are the cases covered in brief in Issue 5, May 2020. M (Declaration of Death of Child) [2020] EWCA Civ 164 – Issue was whether the child, Midrar, was legally dead…

By Rajkiran Barhey May 1, 2020Clinical negligence, Costs, Court of Protection, Inquests, Issue 5, Personal injury, Procedural, Public, Quantum, Regulatoryin brief