Recovery of Additional Liabilities: Breach of Human Rights?

On the 23rd July 2014, Lord Neuberger dealt a potentially fatal blow to over a decade of litigation. Sitting as President of the Supreme Court in Coventry v Lawrence (No 2) [2014] UKSC 46, Lord Neuberger suggested that the pre-Jackson regime of recoverability of additional liabilities such as success fees and after-the-event (ATE) insurance premiums… Continue reading Recovery of Additional Liabilities: Breach of Human Rights?

Under the Spotlight… A Review of Points of Dispute Post Jackson

We are now over a year on post Jackson and so far there appears to have been little feedback with regard to the Court’s approach to Points of Dispute and Replies and any resulting applications. Alongside the introduction of Provisional Assessment, the rules relating to Points of Dispute and Replies were redrafted to ensure that… Continue reading Under the Spotlight… A Review of Points of Dispute Post Jackson

The New 3 Stage Test

The Court of Appeal rewrites Mitchell in “the Denton test”. Last Friday afternoon the Court of Appeal handed down judgment in three appeals (Denton v T H White; Decadent Vapours v Bevan; Utilise v Davies [2014] EWCA Civ 906). The judges, including Lord Justice Jackson and the Master of the Rolls Lord Dyson, placed the… Continue reading The New 3 Stage Test

Budget filed one day late: a trivial and insignificant breach

The case of Wain v Gloucestershire County Council & Ors [2014] offers a glimmer of hope for those of us fearfully monitoring the budgeting landscape in the wake of the much-cited Mitchell decision. Somewhat unusually, the judge in this matter took a more sensible approach and granted relief from sanctions for a budget that was… Continue reading Budget filed one day late: a trivial and insignificant breach

QOCS Protection & fundamental dishonesty ruling paves way for increased insurer challenges & more satellite litigation

Qualified One -Way Costs Shifting (QOCS) has been in force since 1st April 2013 and was implemented to go hand in hand with the Jackson reforms in respect of funding and the costs of civil litigation. QOCS have been and continue to be controversial: The essence of QOCS was to remove the need for the… Continue reading QOCS Protection & fundamental dishonesty ruling paves way for increased insurer challenges & more satellite litigation