Part 36 offer

Is the Part 36 Offer Still Fit for Purpose After Hislop v Perde?

When the CPR came into force in April 1999, the old method of placing your opponent on risk as to costs in litigation, the Payment into Court, was replaced by Part 36 of the CPR. The intention was the same as the payment into court – to put some pressure Read the full article…

Clarification at last for high value claims which start in the Portal.

The Civil Procedure (Amendment) Rules 2017 will be coming into force shortly and will be providing some much needed clarification for those high value claims which start in the portal. On the 6th April 2017 the new rules will give statutory force to the Court of Appeal’s decision in Qader Read the full article…

Defendants Late Acceptance of Part 36 Offer In Otherwise Fixed-Fee Case Prompts District Judge To Award Indemnity Costs

Another reminder, if any was needed, that late acceptance of a Part 36 offer can lead to severe costs consequences, was the message from two more recent District Judge decisions. Many Claimants will fondly remember the decision of the Court of Appeal in Broadhurst v. Tan [2016] EWCA Civ 94 Read the full article…

Merrix

Qader v Esure in the Court of Appeal : Fixed Costs or not Fixed Costs : The Right Result by Circuitous Means?

The Court of Appeal handed down judgement in the case of Qader & ors v Esure  Services Ltd & Ors (2016) EWCA Civ 1109 on the 16th November. The matters in hand consisted of joint appeals in cases which started out as portal/protocol claims, but which left the portal and Read the full article…

EL PL Claims Portal

Eight Months On: A Short Review of the EL/PL Claims Portal

In July 2013, R Costings Costs Lawyer, Sarah Page-Croft, wrote an article “Controlling Claimants Costs through the new EL/ PL Portal” as the new portal was launched. The article which was published in Inside Law Magazine as well as here on the R Costings Blog and went on to prove Read the full article…

EL PL Claims Portal Overview

Controlling Claimants Costs Through the New EL/PL Portal

In response to its consultation on Solving Disputes in the County Court, the Government committed to extend the current Road Traffic Accident (RTA) Personal Injury scheme vertically, by including claims up to a value of £25,000.00, and horizontally, by including Employers Liability (EL) and Public Liability (PL) claims up to Read the full article…