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…

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…

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…

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…

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 /…

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…