Dispute Resolution analysis: This case considers the practical implications of the reasonableness and proportionality tests when considering cost management orders (CMOs) in relation to substantially agreed costs budgets containing significant disparities for trial preparation and trial attendance for both parties. It provides an insight into the process that will be undertaken to address disparities and where they might be considered disproportional. The case also provides a landmark ruling regarding the use of predictive coding which is the subject of a separate news report.
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What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
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