Category Interim Payments

THE RISKS OF JOINING A THIRD PARTY INTO AN ACTION: THE DEFENDANT MAY NOT RECOVER THE COSTS

The judgment on costs in Axon -v- Ministry of Defence [2016] EWHC 883 (QB) highlights the risks of a defendant bringing a Third Party into an action.  The defendant was successful, however the claimant was not ordered to pay all of the Third Party costs. The defendant was considerably out of pocket. There is also […]

LITIGATION AND WORKLOAD 3: INSURERS

The first post in this series on litigators and workload got an (unexpected) amount of attention.  As part of the series I want to look at one often overlooked, but crucial, part of the litigation chain, insurers. In particular claims handlers.  Judging by the evidence from recent cases it appears that they are not only […]

COSTS, FIXED COSTS AND COSTS BUDGETING WHEN MAKING AN INTERIM ORDER: ALL IN THE PINK

The decision of Mr Justice Birss in Thomas Pink Ltd -v-Victoria’s Secret UK Limited [2014] EWHC 3258 has only recently been posted on Bailii.  However it contains an interesting example of the court considering the issue of costs, fixed costs and costs budgeting when making an interim order as to costs. KEY POINTS When the […]

INTERIM PAYMENTS, EVIDENCE AND THE BURDEN OF PROOF: OBSERVATIONS FROM THE HIGH COURT

In Sellar-Elliot -v- Howling [2016] EWHC 443 (QB) Mr Justice Sweeney considered some important issues in relation to interim payments. The case is somewhat unusual in that the judgment is one that refuses permission to appeal. However the judge recognised that the case gave rise to issues of general importance and gave a full judgment […]