Detailed assessment

Practice notes

Was the damage foreseeable?

Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...

19th May

Practice notes

Smith v Manchester awards

Smith v Manchester awardsThe nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability...

19th May

Practice notes

Did the claimant consent to the risk of injury?

Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...

19th May

Practice notes

What is fundamental dishonesty?

What is fundamental dishonesty?This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and...

19th May

Practice notes

The employer’s duty of care

The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...

19th May

Practice notes

Vicarious liability in the course of employment—the close connection test

Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be...

Produced in partnership with Andrew Wilson 19th May

Practice notes

Product liability—claims in negligence

Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...

19th May

Practice notes

Bringing a claim against a public authority in negligence—basis of duty

Bringing a claim against a public authority in negligence—basis of dutyWhen will a public authority owe a duty of care?The Supreme Court considered...

19th May

Practice notes

Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017

Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...

19th May

Practice notes

Fee remissions

Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...

Produced in partnership with David Willink of Lamb Chambers 19th May

Q&As

Is there any guidance on what costs are payable in a claim which was initially submitted via the low value Ministry of Justice portal but it transpires that the value is in excess of the upper limit of £25,000? Can you exit the claim from the portal on grounds that it exceeds the upper value?

Is there any guidance on what costs are payable in a claim which was initially submitted via the low value Ministry of Justice portal but it...

19th May

Practice notes

Damages in clinical negligence claims

Damages in clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...

Produced in partnership with Renée Wood 19th May

Practice notes

Psychiatric injury—secondary victims

Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...

Produced in partnership with Andrew Wilson 19th May

Q&As

What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal the claim was valued at over £1,000.

What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal...

19th May

Practice notes

Loss of pension—personal injury claims

Loss of pension—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...

19th May

Practice notes

Misfeasance in public office

Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...

19th May

Practice notes

Costs—recovery of costs under contractual clauses

Costs—recovery of costs under contractual clausesCourt’s discretionThe general position in relation to the court dealing with the issue of costs is...

23rd Jul

Practice notes

Detailed assessment—default costs certificate

Detailed assessment—default costs certificateThe default costs certificate procedure is not available in solicitor/client assessments (CPR PD 46, para...

22nd Jun

Practice notes

Detailed assessment—bill of costs

Detailed assessment—bill of costsAny detailed assessment proceedings should be brought under the provisions within CPR 47 and CPR PD 47 in force as at...

22nd Jun

Practice notes

Detailed assessment—commencement

Detailed assessment—commencementUse of electronic filing in the SCCOThe Electronic Working Pilot Scheme set out in CPR PD 51O is mandatory for legally...

17th Jun

Practice notes

Costs precedents

Costs precedentsThis Practice Note provides a list of costs precedents with links through to the precedents in PDF or Word format. It covers costs...

17th Jun

Practice notes

Detailed assessment—costs, settlement and agreement

Detailed assessment—costs, settlement and agreement Recovering the costs of a detailed assessmentFollowing detailed assessment, the receiving party is...

16th Jun

Q&As

How are the costs of budget drafting (1% of approved budget or £1,000) and budget process (2%) in a budgeted case recovered? Should they be added into the bill of costs or is there a different process?

How are the costs of budget drafting (1% of approved budget or £1,000) and budget process (2%) in a budgeted case recovered? Should they be added into...

6th Jun

Q&As

At what stage are proceedings deemed to have finished in the context of a split trial? Do they end after the preliminary issue (for example liability) has been determined or only after all other issues (eg quantum) have been decided?

At what stage are proceedings deemed to have finished in the context of a split trial? Do they end after the preliminary issue (for example liability)...

6th Jun

Q&As

Could service of detailed assessment proceedings on a defendant domiciled abroad fall within the statutory gateway for enforcing a judgment pursuant to PD 6B 3.1? In these circumstances would the bill of costs effectively constitute a claim form for service purposes?

Could service of detailed assessment proceedings on a defendant domiciled abroad fall within the statutory gateway for enforcing a judgment pursuant...

5th Jun

Q&As

We have received an interim payment of costs from the other party. Can it be used to clear an unpaid invoice or do we have to wait until the final determination of costs?

We have received an interim payment of costs from the other party. Can it be used to clear an unpaid invoice or do we have to wait until the final...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

Q&As

From what point does interest on costs run and at which rate for the purpose of detailed assessment? Does interest run from the date of acceptance of a Part 36 offer even if the amount of costs has not been agreed?

From what point does interest on costs run and at which rate for the purpose of detailed assessment? Does interest run from the date of acceptance of...

5th Jun

Q&As

Has there been any recent case law on whether indemnities generally cover the right to recover legal fees in defending a claim?

Has there been any recent case law on whether indemnities generally cover the right to recover legal fees in defending a claim?In this Q&A we have...

5th Jun

Q&As

What information can I find on the New Bill of Costs?

What information can I find on the New Bill of Costs?The New Bill of Costs is being introduced as part of the Jackson Costs Reforms. It has been...

5th Jun

Q&As

What is the time limit for commencing detailed assessment proceedings? Will the court extend time? Can you apply to strike out detailed assessment proceedings commenced out of time?

What is the time limit for commencing detailed assessment proceedings? Will the court extend time? Can you apply to strike out detailed assessment...

5th Jun

Q&As

Can I claim exchange rate losses as part of my costs?

Can I claim exchange rate losses as part of my costs?The basic rule is that a successful party is entitled to their costs on the standard basis. This...

5th Jun

Q&As

If you make a Part 36 offer to settle detailed assessment proceedings under CPR 47, do you call the offer a Part 36 offer or a Part 47 offer?

If you make a Part 36 offer to settle detailed assessment proceedings under CPR 47, do you call the offer a Part 36 offer or a Part 47 offer?Part...

5th Jun

Q&As

What method of service is required to serve a default costs certificate on a company in the Isle of Man? Would it be necessary to use a process server?

What method of service is required to serve a default costs certificate on a company in the Isle of Man? Would it be necessary to use a process...

5th Jun

Q&As

In what circumstances can a solicitor charge for preparing a file note and can the solicitor claim that from the paying party in litigation?

In what circumstances can a solicitor charge for preparing a file note and can the solicitor claim that from the paying party in litigation?For the...

5th Jun

Q&As

Is there a requirement to serve an electronic bill of costs if the claim has only provisionally been allocated to the multi-track?

Is there a requirement to serve an electronic bill of costs if the claim has only provisionally been allocated to the multi-track?This Q&A addresses...

Produced in partnership with Alex Bagnall of Total Legal Solutions 5th Jun

Practice notes