Principles of costs recovery

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Latest PI & Clinical Negligence News

Commercial Court strikes out £58m unlawful means conspiracy claim (King v Stiefel)

The following Dispute Resolution news provides comprehensive and up to date legal information on Commercial Court strikes out £58m unlawful means conspiracy claim (King v Stiefel)

Contracts—‘Reasonable detail’ in notice clause determined by business purpose (Dodika Ltd and others v United Luck Group Holdings Ltd)

The following Commercial news provides comprehensive and up to date legal information on Contracts—‘Reasonable detail’ in notice clause determined by business purpose (Dodika Ltd and others v United Luck Group Holdings Ltd)

The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a mediator’s perspective

The following Construction news provides comprehensive and up to date legal information on The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a mediator’s perspective

Case Management—trying two claims together (Al Sadeq v Dechert-Quzmar v Dechert)

The following Dispute Resolution news provides comprehensive and up to date legal information on Case Management—trying two claims together (Al Sadeq v Dechert-Quzmar v Dechert)

Featured PI & Clinical Negligence content

Claims for lost years

The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...

Fixed costs in road traffic accident claims

Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...

Drafting counter schedules of loss in PI and clinical negligence claims

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...

Applying for an interim payment order in personal injury claims

Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...

Practice notes

Loss of congenial employment

Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...

9th Nov

Practice notes

Interest on general damages, special damages and judgment debt

Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...

9th Nov

Precedents

Claim against a defendant driver’s insurers holding them liable under section 151 of the Road Traffic Act 1988

Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

9th Nov

Practice notes

Qualified one-way costs shifting (QOCS)—case tracker

This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...

9th Nov

Practice notes

Motor insurance

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

9th Nov

Practice notes

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

To identify the circumstances in which a court may find an employer to be vicariously liable for a tort committed by an employee it is useful to trace...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Was the damage foreseeable?

The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...

9th Nov

Practice notes

Provisional damages

Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Time limits under the Limitation Act 1980—personal injury claims

The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...

9th Nov

Practice notes

Smith v Manchester awards

The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...

9th Nov

Practice notes

CRU certificates—recoverable benefits and lump sum payments

Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...

9th Nov

Practice notes

What is fundamental dishonesty?

This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...

9th Nov

Practice notes

Past loss of earnings

Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...

9th Nov

Practice notes

Pain, suffering and loss of amenity

Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense...

9th Nov

In-house

Practice notes

Qualified one-way costs shifting (QOCS)

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...

9th Nov

Practice notes

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...

Produced in partnership with Greg Ó Ceallaigh of Garden Court Chambers 12th Jan

Most recent Principles of costs recovery content

Practice notes

Indemnity costs orders—illustrative decisions

This Tracker contains details of costs judgments in which the court has awarded indemnity costs or has refused to order indemnity costs. The main...

4th May

Practice notes

Indemnity costs orders—principles

This Practice Note considers orders for costs determined on an indemnity basis (indemnity costs orders). A court may order that costs are assessed on...

4th May

Practice notes

Interim applications—costs recovery

This Practice Note highlights that such costs are not recoverable as of right and identifies issues to be considered when determining whether, and to...

28th Apr

Practice notes

Pre-action—costs recovery

Pre-action costs—what are they?Prior to the commencement of litigation, parties may incur considerable costs for example:•taking detailed instructions...

26th Apr

Q&As

Can a defendant recover their costs of a successful strike out application in a small claims track case or is it necessary to demonstrate that there has been unreasonable conduct?

Generally, in claims allocated to the small claims track, the parties bear their own costs. This is provided for in CPR 27.14.CPR 27.14 states that in...

Produced in partnership with Alexander Campbell of Field Court Chambers 21st Apr

Practice notes

Costs consequences of refusing to mediate—key and illustrative decisions

This Practice Note summarises the key decisions illustrating the court’s approach when considering whether or not to penalise a party in costs for...

15th Apr

Practice notes

Costs orders—payment and enforcement

This Practice Note deals with provisions for the payment of costs orders. It considers the differences depending on whether the court order includes a...

Produced in partnership with David Willink of Lamb Chambers 13th Apr

Practice notes

Small claims track (SCT)—costs recovery

This Practice Note considers costs in the small claims track (SCT). For further information on case management in the SCT, see Practice Note: Small...

Produced in partnership with David Willink of Lamb Chambers 13th Apr

Practice notes

Appeals—costs recovery

This Practice Note considers whether it is possible to recover the costs incurred during an appeal. The costs rules dealing with appeals are set out...

13th Apr

Practice notes

Costs and the indemnity principle

This Practice Note explains the indemnity principle as applied when seeking to recover costs in proceedings. The principle sets out the extent of a...

12th Apr

Precedents

Pro bono costs order

Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...

9th Apr

Practice notes

Litigant in person costs—general principles

Abbreviations used in this Practice Note:•LIP—Litigant in person•LP(CE)A 1975—Litigant in Person (Costs and Expenses) Act 1975 (as amended)•ordinary...

8th Apr

Practice notes

Costs precedents

This Practice Note provides a list of costs precedents with links through to the precedents in PDF or Word format. It covers costs budgets (precedent...

8th Apr

Practice notes

Jackson reforms one year on—proportionality [Archived]

ARCHIVED: This Practice Note has been archived and is for historical purposes only.To assist those looking to see the development of the application...

8th Apr

Practice notes

Cost orders—the general rule and the court's discretion

This Practice Note looks at the discretion of judges to make costs orders (CPR 44 and its accompanying Practice Direction, CPR PD 44). It considers...

8th Apr

Practice notes

General rules about costs—Jackson Reforms [Archived]

ARCHIVED: This Practice Note has been archived and is for historical purposes only.CPR provisionsThe provisions relating to general rules about costs...

8th Apr

Practice notes

How the court assesses costs (prior to April 2013) [Archived]

ARCHIVED: This Practice Note is based on provisions revoked on 1 April 2013. It is therefore for historical purposes only.IntroductionThe court has a...

8th Apr

Practice notes

Costs proportionality—illustrative decisions

This Tracker lists a number of decisions in which the court has considered issues of proportionality since 2012.For the up to date position on the...

8th Apr

Practice notes

Litigant in person costs—procedure

Abbreviations used in this Practice Note:•LIP—litigant in person•SCCO—Senior Court Costs OfficeCivil Procedure Rules (CPR) provisionsUnder CPR 46.5,...

8th Apr

Practice notes

Summary judgment applications—costs recovery

Claimant is successful—fixed costsWhat is the fixed costs regime?The fixed costs regime is set out in CPR 45. It provides that in certain...

8th Apr

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Principles of costs recovery

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Latest PI & Clinical Negligence News

Commercial Court strikes out £58m unlawful means conspiracy claim (King v Stiefel)

Contracts—‘Reasonable detail’ in notice clause determined by business purpose (Dodika Ltd and others v United Luck Group Holdings Ltd)

The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a mediator’s perspective

Case Management—trying two claims together (Al Sadeq v Dechert-Quzmar v Dechert)

Featured PI & Clinical Negligence content

Claims for lost years

Fixed costs in road traffic accident claims

Drafting counter schedules of loss in PI and clinical negligence claims

Applying for an interim payment order in personal injury claims

Most recent Principles of costs recovery content

Popular documents

Term Loan B facilities

The doctrine of res judicata

Skeleton arguments

Third party rights—the common law doctrine of privity of contract

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