Medical and other expert agencies are now a fact of life for most law firms. In many ways they have removed from lawyers the burden of locating and instructing an expert. But they also raise ever more complex issues. This has been demonstrated in the recent case of Northampton General Hospital NHS Trust -v- Hoskin…
There is really just one item news that people are talking about. This is that we have now, finally seen the draft rules relating to the extension of fixed recoverable costs (FRC) that are due to come into effect from 1st October 2023. In a note to the draft rules, the MOJ confirm the creation…
The main news of the month came as a bit of a surprise! In September 2021 the MOJ responded to the 2017 Jackson report on fixed recoverable costs (FRC). They announced that it was the government’s intention to roll out FRC across most areas of litigation in the fast track. Lord Wolfson, then a Justice…
We post a monthly costs update for Liverpool Law Society. This is the one for September 2022. In our last update, we mentioned the imminent extension of fixed recoverable costs to most civil proceedings. One of the problems with fixed cots is that they can become ‘stuck’ costs. This is the case being made in…
The recent case of Soares v Wilson has important implications in relation to the wording used about costs when finalising settlement. On the fact of it the agreement was straightforward. It was a Personal Injury claim in which proceedings were continuing and where liability and quantum were in issue. The Defendants offered £9k in settlement…
It has come as no great surprise that the Ministry of Justice has delayed the extension of fixed recoverable costs (FRC) to April 2023. In September 2021 the government announced their intention to inclement the extension of FRC across all fast track civil cases and to introduce intermediate cases for claims up to £100k. October…
A short post to remind our contacts that the small claims limit for non RTA Personal Injury Claims will rise to £1500 on 6th April 2022. This seems to have crept up on many while the profession has been focussed on the far more dramatic whiplash ‘reforms’. This increase is broadly in line with inflation.…
Many of us still remember the sleepless nights that followed the 2013 decision in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537. This was the unforgettable moment when Mr Mitchell’s claim against the Sun newspaper was subject to a costs order limited to court fees only following the late filing of the costs…
There has been an interesting judgment in November 2021 about Notices of Discontinuance and the QOCS – McDonald and Excalibur and Keswick Groundworks Ltd v Interserve PLC. This was reported by Costs Barrister, Andrew Hogan at https://costsbarrister.co.uk/wp-content/uploads/2021/12/E27YY493-McDonald-v-Excalibur-Keswick-Groundworks-Ltd-HHJ-Freedman-29th-November-2021.pdf The original claim was for personal injuries suffered in an accident at work in May 2016. The claimant…
Robinson v Liverpool University Hospitals NHS Foundation Trust & Dr Chris Mercier is an important development for all practitioners who instruct experts and even more important for experts themselves! The case is reported by barrister Gordon Exall who includes a link to the judgment – https://www.civillitigationbrief.com/2021/11/02/expert-had-a-flagrant-disregard-for-his-duty-to-the-court-ordered-to-pay-50500-wasted-costs/ On the face of it, this was a straightforward…