David Willink

This Practice Note covers the different options for funding clinical negligence claims including legal aid, conditional fee agreements (CFAs), and damages based agreements (DBAs). It also discusses costs including what can be recovered and qualified one-way cost shifting (QOCS).

This Practice Note deals with provisions for the payment of costs orders, considers the differences depending on whether the costs order includes a time limit for payment and provides guidance on the expression and calculation of time limits. It also considers when a costs order can be enforced, whether a costs order can be stayed or deferred and whether a stay of execution of a costs order can be set aside. This Practice Note also considers whether an extension of time can be obtained to comply with a costs order.

This Practice Note contains guidance on the help with court fees (sometimes known as the fee remission) scheme and provides an overview of the eligibility criteria applied, both in terms of an applicant’s savings and their income levels. It also considers appealing a refusal of help with fees and the impact of the availability of the scheme on recoverable costs.

This Practice Note considers costs in the small claims track (SCT), a track that is dealt with in Part 27 of the CPR. It examines the costs provisions in CPR 27.14(2) and offers assistance on how they have been interpreted by the courts. The Practice Note also covers exceptional circumstances where a successful claimant is able to claim a contractual entitlement to costs.

This Practice Note deals with the issues that commonly arise when surveillance evidence is obtained in a case. The legal status of the video footage is considered together with the practical implications for both claimants and defendants.

This letter contains wording for a Part 36 offer from the claimant, or for insertion into Form N242A for an offer to settle part of the claim, namely liability only.

This letter contains wording for a Part 36 offer from the defendant, or for insertion into Form N242A for an offer to settle part of the claim, namely liability only.

This Q&A considers whether an application to the court is needed when amendment of a statement of case is needed before its been served.

This Q&A deals with the question of the requirement for a gas safety certificate before serving a section 21 notice, when there is no gas appliance in the flat.

This Q&A considers whether a defendant can discontinue their counterclaim and the procedure required if they can as well as the cost consequences.

This Q&A deals with the question of a defendant’s Part 36 offer to multiple claimants.

This Q&A considers whether it is possible to serve a claim form against someone where their usual residence is a static caravan.

This Q&A considers the procedure for expert medical evidence required in RTA cases involving soft-tissue injuries, if the claim has exited the portal.

This Q&A considers the effect on a claim of default judgment on a counterclaim.

This Q&A considers what happens after a disposal hearing, when the judgment sum is payable, and how it can be challenged.

This Q&A deals with setting aside an instalment order made without a hearing.

This Q&A considers who is responsible for paying the court fee in the small claims track if the matter settles after the claim is issued but before the trial is heard. This depends on the nature and terms of the settlement, in particular whether it is a compromise or an admission.

This Q&A considers whether an interim charging order is an enforcement action.

This Q&A looks at guidance on what ‘non-residential agricultural buildings with low energy demand’ are.

This Q&A deals with the effectiveness of service when a document other than a claim form is left at a permitted address.