Jackson in Action: case law
In our regular monthly round up of cases we look at the effects of the changes to the Civil Procedure Rules under the Jackson Reforms:
Costs management/costs budgeting: In Venus Asset Management Ltd v Matthews & Goodman LLP (2015) Chief Master Marsh, sitting in the Chancery Division held that the court could not revise costs figures in a budget that had been approved as the court’s costs management powers were limited to dealing with future costs, not reviewing costs that had been already incurred and had been budgeted by the court. 14/10/15
Post April 2013 CFA/Conditional Fee Agreements Order 2013: In Jones v Spire Healthcare Ltd (2015) District Judge Jenkinson, sitting in Liverpool County Court held that a firm of solicitors could not recover its costs under a CFA, as a document purporting to assign a pre-April 2013 CFA from another solicitors firm that had entered into administration was a novation, rendering the new CFA unenforceable under the Conditional Fee Agreements Order 2013. 11/9/15
Exception to QOCS/failure to attend trial: In Brahilika v Allianz Insurance PLC (2015) District Judge Dodsworth sitting in Romford County Court held that a claimant’s failure to attend trial constituted conduct likely to affect “the just disposal of the proceedings” for the purpose of CPR r.44.15, as the defendant could not test the claimant’s evidence and determine whether the claim was fundamentally dishonest for the purpose of CPR r.44.16. The court went on to summarily assess costs, rather than award fixed recoverable costs. 30/7/15
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