Archive for 2009

  • 23/11/2009

    Widlake v BAA Ltd [2009] EWCA Civ 1256

    This was a matter where the Claimant had exaggerated her claim for damages regarding a back injury and had attempted to conceal her previous history of back injury from the medical experts to increase the amount of damages she might recover. The Claimant was ultimately awarded damages for the part […]

  • 07/10/2009

    Civil Procedure Rules and ATE Insurance

    The 50th Update of the Civil Procedure Rules saw new rules come into force on 1st October 2009 regarding ATE policies and the information required to be given to opponents. This amendment to Section 19.4 of the Practice Direction Supplementing Parts 43 to 48 of the Civil Procedure Rules relates […]

  • 03/07/2009

    Hughes v George Major Skip Hire Ltd & Anor [2009] EWHC 90147 (Costs)

    On detailed assessment of the Claimant’s Bill of Costs, the Defendant argued that the CFA was unenforceable due to a material breach of Regulation 3(1)(b), as the CFA failed to specify how much of the success fee related to postponement of the solicitors’ fees and expenses. The Defendant also argued […]

  • 18/06/2009

    Tranter v Hansons (Wordsley) Ltd [2009] EWHC 90145 (Costs)

    The Claimant sustained injury whilst travelling as a passenger on the Defendant’s bus. A CFA was entered into with an ATE insurance premium. In Points of Dispute, the Defendant raised the issue of the enforceability of the CFA with regard to Regulation 4(2)(c) regarding the availability of existing legal expenses […]

  • 17/06/2009

    Nassif v Augusta Offshore SPA & Ors [2009] EWHC 90143 (Costs)

    This was a matter where the Claimant, during the course of proceedings, had discontinued claims against the Second and Third Defendants a year or more before the eventual final costs Order made by consent. The Claimant then attempted to recover costs against the Second and Third Defendants from the First […]

  • 11/06/2009

    Cunningham v AST Express CA (Civ Div)

    This was a matter where the Claimant had initially claimed damages of £180,000. On 01/09/06, prior to proceedings being issued, the Defendant made an offer of £4,700. The Claimant rejected this offer. At trial, the Claimant was awarded £4,143. The Defendant then made an application for costs from 21 days […]

  • 22/05/2009

    Mohammadi v Shellpoint Trustees Ltd & Anor [2009] EWHC 1098 (Ch)

    This was an appeal matter against a Costs Order. Public funding had been obtained by the Appellant by 3 overlapping legal aid certificates. Several firms of solicitors had been instructed by the Appellant throughout the period of litigation. Her legal aid certificates were discharged at various times and then when […]

  • 21/05/2009

    Oliver v Whipps Cross University Hospital NHS Trust & Anor [2009] EWHC 1104 (QB)

    This was a clinical negligence matter where the prospects of success were judged to be 50% at the time the risk assessment was made and with limited evidence available. Therefore, the success fee had been set at 100%. During the course of the claim, following investigations, the Defendant admitted liability, […]

  • 25/02/2009

    Roach v Home Office & Matthews v Home Office [2009] EWHC 312 (QB)

    These were appeal matters concerning the issue of whether the costs for attending an inquest could be recovered in subsequent civil proceedings. The claims arose out of deaths in custody. Successful civil proceedings were brought following the inquests by the Claimants’ representatives. Claims for costs were made and substantial proportions […]

  • 20/02/2009

    Fitzpatrick Contractors Ltd v Tyco Fire and Integrated Solutions (UK) Ltd [2009] EWHC 274 (TCC)

    This was a matter where the most significant issue was whether costs should be assessed on the indemnity or standard basis. The other issues were related to the payment of interest and the making of an interim payment. On 24/01/08, the Claimant made a Part 36 offer to the Defendant […]

  • 10/02/2009

    Roche v Newbury Homes Ltd [2009] EW Misc 3 (EWCC)

    The Claimant had issued an application for pre-action disclosure. The issue was whether the Claimant’s CFA allowed the recovery of pre-action disclosure application costs. It was argued by the Defendant that there was no provision in the Claimant’s CFA for the recovery of pre-action disclosure costs and in addition, it […]

  • 22/01/2009

    Aurangzeb v Walker [2008] EWHC 90134 (Costs)

    The Claimant was a minor, injured in a minor road accident on 28/08/07. The matter settled by way of parental indemnity for the sum of £500. The Defendant contended that although proceedings had not been issued and the matter was not allocated to a track, if the matter had been […]

  • 16/01/2009

    Burgess v J Breheny Contracts Ltd [2009] EWHC 90131 (Costs)

    This was a case regarding the detailed assessment of the Claimant’s after the event insurance premium, the costs of preparing the bill of costs and the success fee relating to the preparation of the bill. The Defendant admitted primary liability around five months prior to the premium being taken out […]

  • 13/01/2009

    Findley v Motor Insurers’ Bureau & Anor [2009] EWHC 90130 (Costs)

    The Claimant sustained severe head injuries in a road traffic accident on 22/04/01. The matter was funded under the TAG scheme and a CFA was entered into with the Claimant on 20/07/01. A 2nd CFA was entered into in August 2002following the Judgment in English v Clipston. Following a Conference […]

  • 13/01/2009

    Birmingham City Council v Forde [2009] EWHC 12 (QB)

    This was a matter where the Claimant had entered into 2 CFAs, in respect of a housing matter. The 2nd CFA had been taken out because there was concern that the Defendant would argue that the 1st CFA was unenforceable and to also claim a success fee, which had not […]


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