Costs Law

Part 36 offers in costs proceedings

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Now that we are some 9 months into the new costs regime, we are seeing a number of issues arising from the implementation of the rules. More …

Retreat from Mitchell-Jackson

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There has been a recent update to the clinical negligence model Directions, as used by the Queen's Bench Masters, which would mean a change to the standard directions that would allow parties to agree an extension of time for a period of up to 28 days, without the need to obtain court approval. More …

Relief from sanctions

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Following the decision in Mitchell, there has been a noticeable change in the co-operation between the parties with failure to comply being seen as a "golden ticket" by some parties. Neil Sexton looks at some of the recent decisions in relation to relief from sanctions that have occurred over the last couple of months, including a warning from the High Court that the Mitchell ruling should not be used as a 'tactical' weapon. More …

Court of Appeal flexes it’s muscles in key costs budgeting case

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The Court of Appeal has dismissed the appeal against the decision of Master McLeod to allow only Court fees following the Claimant's Solicitors' failure to file a costs budget within 7 days of the first CMC in the eagerly awaited case of Mitchell v Newsgroup Newspapers. More …