The Practical Lawyer


Part 36 – indemnity costs?

Is there an entitlement to indemnity costs when there is late acceptance of a Part 36 offer?

Subscribers only...

Part 36 – nominal damages?

Who is the ‘unsuccessful party’ where the defendant admits liability in a £15m claim, rejects the claimant’s Part 36 offer of £1.5m, but then the defendant only recovers nominal damages of £2?

Subscribers only...

Costs budgets – detailed assessments?

Even the committee that updates the CPR cannot agree on whether costs budgeting fetters the powers and discretion of the court’s judge at a detailed assessment. As the committee reported recently: ‘on the one hand there is a view that if costs are claimed at or below the figure approved or agreed for that phase of the budget, then they should be assessed as claimed without further consideration… There is a contrary view that the costs judge’s powers and discretion are not fettered by the budgeted figure… and the budget is but one factor to be considered’.

Subscribers only...

Motor insurance – ‘use’?

A fitter used the company’s workshop to do some welding on his car (which had failed the MOT). Needless to say, an errant spark caused a fire, which resulted in £2m worth of damage to the buildings. The property and public liability insurers paid out, but then sought to recover from the fitter’s motor insurers.

Subscribers only...

Insurance – late payment damages

Since 4 May 2017, insurers have become liable for damages caused by late payment of a valid claim. Previously, there was no legal obligation to pay a valid claim within a reasonable time, but the law has now been changed by Enterprise Act 2016. Thus, there is an implied term in all insurance contracts that the insurer will pay valid claims within a ‘reasonable time’.

Subscribers only...

Damages – information or advice?

The Supreme Court has clarified the SAAMCO [1996] decision, which is vitally important in professional negligence cases. In doing so, it has said that many earlier solicitor negligence cases were wrongly decided.

Subscribers only...

Proportionality – planning

These are the words of a county court judge in 2001 – they remain equally valid today:

Subscribers only...

Protocol – pre-action discovery

Does the fixed costs regime apply to an application for pre-action discovery in a claim which started under the protocol, but is no longer within it? The CA has decided that it does, and that costs will usually be limited to the fixed rates.

Subscribers only...

Contrib – costs

To what extent should a successful claimant be penalised in costs if there is a finding of contributory negligence against the claimant?

Subscribers only...

Discovery – data protection request

Litigators are increasingly seeing subject access requests made under Data Protection Act 1998. This use of SARs is a tactical ploy – using the 1998 Act as a way of putting pressure on the other side to disclose documents that would not otherwise be disclosable in the litigation.

Subscribers only...

Page 10 of 49

Most-read articles

Probate fees – increase
Tuesday, 09 April 2019
The much-criticised increase in probate fees comes into effect in April 2019 and apply whether or not a solicitor is involved.  Read more...
SRA – Standards and Regulations introduced November 2019
Tuesday, 09 April 2019
We reported in our February 2019 edition (p32) and March 2019 edition (p33) that the SRA is phasing in its introduction of the new ’Standards and Regulations’ which will replace the 2011... Read more...
LiP – keep informed?
Tuesday, 09 April 2019
We do not usually report on changes which are not yet in force. However, litigators have been warned to expect changes to the processes relating to litigants in person which might come into effect on... Read more...
Interim costs order – when to exercise
Tuesday, 09 April 2019
The Gazette reports on an interesting County Court case where an interim costs order has been granted to solicitors where the full value of the claim will not be quantified until 2022. Read more...
Defective Premises Act – L liable
Tuesday, 09 April 2019
The CA has held that a social L was liable to a T for injury caused due to a faulty drain cover. Read more...
Service charges – recovery of more than 100%?
Tuesday, 09 April 2019
We reported in our February 2019 edition (p24) that the RICS Code of Practice Service Charges in Commercial Property (1st edition) comes into force on 1 April 2019. Read more...
Allotments – protection
Tuesday, 09 April 2019
With the increasing pressure to build new homes, there is a possibility that areas designated for allotments might be under threat of development. Read more...
Children – standard of proof
Tuesday, 09 April 2019
The Court of Appeal refused F’s appeal against the judge’s findings in care proceedings under Part IV CA 1989 that he had sexually abused his daughter (Y). Read more...
NDA – ignoring!
Tuesday, 09 April 2019
Recently, some employees have spoken publicly about sexual harassment in breach of NDA confidentiality obligations.  Read more...
Offences – assault; emergency workers
Tuesday, 09 April 2019
The Assaults on Emergency Workers (Offences) Act 2018 follows the increasing number of assaults on emergency workers in the UK.  Read more...


IAG International
In House Lawyer
MSI Global Alliance
Join the IBA now!