Lamont v Burton [2007] EWCA Civ 429

Personal Injury Protocols: Sticking to the rules

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Brian Dempsey examines the rigid application of the fixed recoverable fees regime ‘The Court of Appeal has been consistently clear that the certainty provided by the careful scheme of fixed costs in CPR 45 would be undermined if the court was to apply the discretion provided by CPR 44 to decide whether to allow or …

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Case Report: Patterson v Ministry of Defence[2012] EWHC 2767 (QB)

Interpretation of the Civil Procedure Rules; meaning of disease The differing levels of percentage increase/success fees are intended to reward those who take on cases that are more difficult or complex and thus have greater financial risk. In employer’s liability claims, the classification of an injury is particularly important when it comes to the assessment …

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Costs: A distinction without a difference

Paul Jones reviews a recent case that emphasises the discretion judges have when dealing with costs ‘Where a court considers that a party has acted unreasonably and, by virtue of that unreasonable conduct, has obtained a costs order on the standard basis rather than the more prescriptive fixed costs, the court can assess the costs …

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Costs: Concluded at trial

Paul Jones discusses when a 100% success fee applies ‘If a case settled less than 14 days before the date fixed for commencement of the trial, a 50% success fee would apply, but if the trial actually commenced, a 100% success fee would apply.’ Fixed success fees in RTA claims, accidents at work and industrial …

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