Rogers v Merthyr Tydfil Borough Council [2006] EWCA Civ 1134

Costs: Out with the old

Paul Jones sets out the lack of consensus on proportionality since the end of ATE premiums and success fees ‘Regarding the exclusion of the ATE premium when considering proportionality, the master, again, drew a distinction between the pre-April 2013 rules, where the ATE would have been considered separately, and the new rules, where there was …

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Case Report: Nokes v Heart of England Foundation NHS Trust [2015] EWHC B6 (Costs)

Jackson reforms; additional liabilities; expert reports; factual evidence ‘Recovery of ATE premiums, where applicable, will in practice often be difficult to challenge. The evidential burden on the paying party will not easily be shifted.’ This case is the first reported decision on the recovery of additional liabilities taken out after the implementation of the Jackson …

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Motor Claims: A costly business

Andrew Hogan looks at recoverability of ATE premiums under the pre-action protocol for low-value personal injury claims in RTAs ‘A solicitor considering matters reasonably would note: the vast majority of claims will settle within this process where the claimant’s risk to cost is non-existent.’ Cases are starting to reach the assessment process on the single …

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Costs: A ‘claims culture’

The implementation of the Jackson reforms, as announced by Kenneth Clarke on 20 March 2011, sees a return to the way litigation was funded 15 years ago, as Glenn Newberry finds out ‘For those who missed the CFA revolution: it’s gone, you’ve missed it. For those who’ve made their fortunes out of it, it seems …

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