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Part 36 Offers - An Update

I have previously written about Part 36 offers, and the benefits of beating them here. Since then there have been a couple of recent decisions that are worth considering further.   Hochtief (UK) Construction Ltd and Anor v Atkins Ltd [2019] EWHC 3028 (TCC) was a case where the High Court were required to determine whether the benefits of a Claimant beating their own Part 36 o ...

Interim Payments

Update on interim payments on account of costs following recent ruling from Court of Appeal.

Summary Assessment - Pilot

Our latest blog on summary assessment of costs and the use of Forms N260A and N260B in the pilot scheme set out in CPR Practice Direction 51X.

CPR Update - Costs Management (Revised 11/10/19)

In my latest blog I look at the amendment to CPR Practice Direction 3E in the 109th update to the CPR which comes into effect on 1 October and consider how it might affect costs budgeting.

Proportionality and ATE Insurance Premiums

The judgment of the Court of Appeal in the case of West & Demouilpied v Stockport NHS Foundation Trust [2019] EWCA Civ 1220 confirms that the proportionality test should not be applied in respect of post LASPO block rated ATE insurance policies. The Court of Appeal also provided some welcome guidance on how the proportionality test should be applied generally.

Part 36 Offers

A Claimant beating their own Part 36 offer on costs at a detailed assessment allows them to enjoy the benefits of CPR 36.17(4).  It is therefore important to ensure offers comply with the requirements of Part 36 to avoid losing the right to those benefits.  In this article we look at the affect of interest on Part 36 offers and recent guidance from the High Court. 

Interim Payments

Clients often ask us to try to obtain interim payments on account of costs, particularly in cases where detailed assessment proceedings are likely to take some time.  In this blog we consider when to request or apply for an interim payment.

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