Herbert v HH Law Ltd Risk Assessment on success fees

Herbert v HH Law Limited and the Case for Providing a Well-Reasoned Risk Assessment

Judgement in the case of Herbert v HH Law given by Mr Justice Hoole in the Sheffield District Registry of the High Court on the 21st March this year. It upheld the earlier decisions of District Judge Bellamy. On the one hand, it was a newsworthy judgement because it was 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…

Sharp v Leeds City Council : Court of Appeal rules Pre-Action Disclosure Applications subject to Fixed Costs

In a decision handed down on the 1st February, the Court of Appeal ruled that Applications for Pre-Action Disclosure in cases which leave the portals, are still subject to fixed costs. Sharp v Leeds City Council [2017] EWCA Civ 33, a public liability claim, left the portal. The Claimant then 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…