SIDO JOHN v CENTRAL MANCHESTER & MANCHESTER CHILDREN’S UNIVERSITY HOSPITALS NHS FOUNDATION TRUST (2016)

The costs of a claimant awarded damages for clinical negligence were reduced by 5% where there had been a very late and significant reduction in his claim for loss of earnings. He was also required to bear the cost of a claim that he had not pursued at trial arising out of the same action. … Continue reading SIDO JOHN v CENTRAL MANCHESTER & MANCHESTER CHILDREN’S UNIVERSITY HOSPITALS NHS FOUNDATION TRUST (2016)

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LOWIN v W PORTSMOUTH & CO LTD (2016)

The appellant appealed against a master's order concluding that the costs of a provisional costs assessment were capped under CPR r.47.15(5). The appellant had claimed against the respondent company for damages, but accepted the respondent's Part 36 offer. The appellant made a Part 36 offer for her costs. A judge ordered the respondent to pay … Continue reading LOWIN v W PORTSMOUTH & CO LTD (2016)

RE SHERLOCK HOLMES INTERNATIONAL SOCIETY sub nom JOHN AIDIANTZ (Petitioner) v SHERLOCK HOLMES INTERNATIONAL SOCIETY LTD (Respondent) & (1) STEPHEN RILEY (2) JENNIFER DECOTEAU (3) PINDER REAUX & ASSOCIATES (Costs Respondents) (2016)

The court had to determine a claim for breach of warranty of authority brought against the respondent solicitors. The claim arose in the context of a family dispute concerning a company. The claimant (X) had presented a petition in 2014 to wind-up the company on grounds of insolvency. A winding-up order was made in March … Continue reading RE SHERLOCK HOLMES INTERNATIONAL SOCIETY sub nom JOHN AIDIANTZ (Petitioner) v SHERLOCK HOLMES INTERNATIONAL SOCIETY LTD (Respondent) & (1) STEPHEN RILEY (2) JENNIFER DECOTEAU (3) PINDER REAUX & ASSOCIATES (Costs Respondents) (2016)

MOAZZAM BEGG v HM TREASURY (2016)

The appellant appealed against a decision ([2015] EWHC 1851 (Admin), [2015] 1 W.L.R. 4424) refusing his application for a protective costs order.   In February 2014, the appellant had been charged with seven terrorism offences. In March 2014, he was made subject to a designation order under the Terrorist Asset-Freezing etc. Act 2010 s.2(1). In … Continue reading MOAZZAM BEGG v HM TREASURY (2016)

(1) ANTONIO CALIENDO (2) BARNABY HOLDINGS LLC v (1) MISHCON DE REYA (A Firm) (2) MISHCON DE REYA LLP (2016)

The fact that a professional negligence claim had been brought on a factual premise which was fundamentally false and which the claimants knew to be false was sufficient to take the case out of the norm, justifying an order that the defendants' costs should be awarded on the indemnity basis. The court was required to … Continue reading (1) ANTONIO CALIENDO (2) BARNABY HOLDINGS LLC v (1) MISHCON DE REYA (A Firm) (2) MISHCON DE REYA LLP (2016)

Case Summary: St Modwen Properties and St Modwen Pensions V Michael Wynspeare Herbert (2016)

Rectification of a pension deed was granted to correct a mutual mistake that had resulted in a failure to distinguish between the different percentage rates applicable to pensionable service payments before and after a given date. LTL 4/2/2016 EXTEMPORE Ch D (Rose J) The claimants' pension scheme, which had been established on January 1 1959, … Continue reading Case Summary: St Modwen Properties and St Modwen Pensions V Michael Wynspeare Herbert (2016)