The High Court has highlighted some common issues that arise in costs management, and given general guidance on completing costs budgets
This case illustrates more robust and stricter approach the courts are now taking, following the Jackson reforms, and how not complying with court rules can lead to heavy costs sanctions.
The court has held a claimant liable for a defendant’s costs of and incidental to an abandoned professional negligence claim, even though the claim form had not been served - good news for defendants aiming to recover costs incurred pre-action?
Court of Appeal’s first interpretation of QOCS provisions, including whether the QOCS regime was a valid one and if QOCS applies to Part 20 proceedings between a defendant and a third party.
The High Court has held that it has the power to order a party to appoint a separate law firm to conduct an independent re-review of its disclosure on strong grounds, although it chose not to in this case
The court considered whether, if a breach of a court order attracting sanctions can be viewed as trivial, could another trivial breach of the same order result in the first breach be viewed as non-trivial.
Court applied three-stage test in Denton when considering an application for relief from sanctions, and held failure to serve notice of new CFA was not a serious breach.
An important decision from the Supreme Court that has reaffirmed that a party who has failed to obtain relief from sanctions cannot make another application without demonstrating a change in circumstances
Court of Appeal overturned the Chancery Division’s (ChD) decision to grant relief from sanctions, finding that the ChD could not make an inconsistent order granting relief unless and until the original order had been set aside by way of a variation or revocation.
An appeal court ruling may have delivered a serious body blow to solicitors offering unbundled services without being held liable for matters beyond those in their client retainer. Alison Kirby discusses the Patel judgment.