Case commentaries – Page 2
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NewsHarrison v University Hospitals Coventry & Warwickshire NHS Trust
Iain Stark, chairman of the Association of Costs Lawyers and a partner at Weightmans, explains why Harrison reinforces the need to ensure proper consideration is given to budgets.
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AnalysisIs an expert needed? London Aviation Ltd v Royal Bank of Scotland
The recently reported case of London Aviation Ltd v Royal Bank of Scotland plc [2017] EWHC 1037 (Ch) decided that an expert was not ‘reasonably required’ because, on the facts of the case, an expert was unlikely to assist the judge.
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AnalysisCase note: Shackleton and Associates v Al Shamsi [2017] EWHC 304 (Comm)
In this case, Mr Justice Teare considered whether the claimant company providing legal services could recover costs for the time spent on the litigation by its sole shareholder, a solicitor advocate.
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NewsCase note: Moreno v Motor Insurers Bureau [2016] UKSC 52
The Supreme Court gave judgment in this case on 2 August 2016, and settled a very important issue: how are damages assessed when a British citizen is injured in an overseas accident?
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AnalysisThe end of unbundling? Sequence Properties v Patel
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.
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AnalysisHayward v Zurich Insurance Company plc [2016] UKSC 48
Supreme Court holds that a settlement may be set aside for fraud even if fraud is suspected
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AnalysisVilca v Xstrata [2016] EWHC 1824 (QB)
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
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AnalysisNovus Aviation Ltd v Alubaf Arab International Bank BSC [2016] EWHC 1937 (Comm)
Commercial Court rules that the full effect of part 36 was unjust when sterling value had recently fallen against the dollar.
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AnalysisWebb Resolutions Ltd v Countrywide Surveyors Ltd [2016] Ch Div (4 May 2016)
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?
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AnalysisMassar [2016] ECJ C-460/14; Buyuktipi [2016] ECJ C-5/15
The ECJ has provided guidance on the proper construction of ‘inquiry’ in article 4(1) of Council Directive 87/344/EEC relating to insureds’ right to choose a lawyer under a legal expenses insurance policy
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AnalysisMendes v Hochtief (UK) Construction Ltd [2016] EWHC 976 (QB)
Mr Justice Coulson has ruled that a claimant could recover trial advocacy fees under CPR 45 when a claim settled on the day of the hearing, before the trial was heard
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AnalysisBolt Burdon Solicitors v Tariq & Ors [2016] EWHC 811 (QB)
The court upholds a contingency fee agreement whereby the solicitors billed £498,083.52, whereas on a time basis the total would have been around £50,000.00 - an 800 per cent uplift
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AnalysisFamily Mosaic Home Ownership Ltd v Peer Real Estate Ltd [2016] EWHC 257 (Ch)
The High Court has given guidance on the transfer of existing cases to the Shorter Trials Scheme
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AnalysisSuh v Mace (UK) Ltd [2016] EWCA Civ 4
Court of Appeal rules that litigants in persons can benefit from ‘without prejudice’ rule without knowing what it means
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AnalysisSugar Hut Group Ltd v AJ Insurance Service [2016] EWCA Civ 46
What are the costs consequences following the making of part 36 offers? The Court of Appeal overturns a decision on costs and confirms there is no ’near miss’ rule for part 36 offers
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AnalysisR v Secretary of State for Justice [2016] UKSC 2
The Supreme Court has granted anonymity to a double-murderer. When is it right to keep the names of parties to civil litigation a secret?
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AnalysisHarlequin Property (SVG) Ltd v Wilkins Kennedy [2015] EWHC 3050 (TCC)
A very wide approach to the inspection of confidential material? The court has ruled that the disclosure of confidential Serious Fraud Office and client documents to dispose fairly of the issues overweighed any public interest in keeping them witheld
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AnalysisThevarajah v Riordan [2015] UKSC 78
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
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AnalysisHallows v Wilson Barca LLP (2015)
This case is only available as a summary on Lawtel at present, but suggests that the duties imposed on public bodies by the Freedom of Information Act 2000 can be relevant to the common law doctrine of legal professional privilege
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AnalysisKerins v Heart of England NHS Foundation Trust (unreported, 31 July 2015)
The court considered whether the conduct of the claimant’s solicitors had been unreasonable or improper within the meaning of CPR 44.11, conduct that included the intentional failure to disclose the existence of a CFA
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