Winter 2013

Winter 2013: Tae Kwon Dough - Tracey Benson

Tae Kwon Dough – Tracey Benson

You might think that the title of this article is rather a brash and inappropriate way to describe the misfortune of my client Rachel Phillips who sustained severe injuries whilst taking part in a karate lesson at a martial arts school in Basingstoke. However, this was the caption printed on page 3 of The Sun newspaper after I obtained damages of £200k for the Claimant. My colleagues found it highly amusing that I featured on page 3 of The Sun but our marketing department assures me that this is the most read page of any tabloid newspaper and the best advertising space one could hope for! …

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Costs Budgeting – Paul Kay

Much of the recently publicised case law apparently about the new Costs Budgeting regime has not concerned itself with the real substance of the process; which is how will Judges and Masters be assessing Budgets at initial CMC’s and how can Claimants draw budgets, and advocate at CMC’s to ensure the most beneficial outcome? Whilst practitioners are rightly concerned about case law like the widely circulated first instance decision in the Andrew Mitchell “plebgate” case this judgement, although concerning a costs budget, is really about the stricter “blood on the floor” application of the new post April CPR3.9. …

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Payments On Account of Costs – Professor Dominic Regan

There were so, so many changes implemented back in April. A profound but overlooked reform was the arrival of CPR 44.2(8). “Where the court orders a party to pay costs subject to detailed assessment, it will order that party to pay a reasonable sum on account of costs, unless there is good reason not to do so.”…

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Recoverability of Agents Fees – Kate Mack

Despite persuasive opinion backed by unreported authority, there is seemingly still a bone of contention between parties with regard to the recoverability of external agency fees as a disbursement or base cost; with the potential of an added success fee in a hybrid of cases pre-Jackson recoverable from the Defendant (the Claimant in cases post-Jackson). So, what is the present position and on which side of the fence should parties be falling when it comes to agency fees? …

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Sports Connection Foundation – Tony Wheeler

Sports Connections Foundation (SCF) is managed by current and former professional sportsmen who are committed to helping educate children in fun and practical ways, using sport to teach about global citizenship, hardship and poverty that other children face throughout the world. SCF are R Costings’ chosen charity and we are proud to support them and their initiatives such as ProKick and Sporting Wishes. SCF Co-Founder Richard Philp was kind enough to drop by the R Costings office and spend some of his valuable time bringing me up to speed on their latest endeavours…

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Limitation Issues; When is a Claim Form Deemed Issued? – Simon Brindle

Many claims are now being issued out of the Northampton (CCMCC) or the Salford (CCMCC) County Courts. When ‘limitation’ is looming large in a claim, the process can be stressful and full of uncertainty, to say the least. For example, the Court is unable to inform litigants if it has even received the claim form to be issued for a week to 10 days after it was sent, and there are many stories of claim forms being returned unissued for minor, or sometimes imagined, transgressions. The purpose of this article is to provide guidance on when a claim form is issued for the purposes of the Limitation Act 1980.

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