October 2017 #159 – Law Journals

Fixed Recoverable Costs: Apocalypse averted?

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Geoffrey Simpson-Scott considers what is next for fixed costs in clinical negligence litigation ‘A useful rule-of-thumb is that the more expensive the average expert report is within a discipline, the more complicated that area of clinical negligence work is likely to be.’ Tremulously clicking the hyperlink to Sir Rupert Jackson’s Supplemental Report: Fixed Recoverable Costs …

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Drug Dependency And Chronic Pain: Abuse of prescription drugs – is it a growing trend?

Nicola Hall investigates whether treatment costs for drug addiction following an accident resulting in chronic pain can form part of a special damage claim ‘Doctors should make sure that their patients always follow the prescription medication directions carefully, be aware of the side effects and explain clearly to the patient that they should not increase …

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Non-Party Costs Orders: A Pyrrhic victory avoided

Patrick West highlights a recent credit hire case where the key issue was whether a hire organisation has immunity from a non-party costs order ‘The fact that a credit hire company promoted litigation for its own financial benefit was a factor which the court could take into account when considering whether it was just for …

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Mesothelioma Claims: What is reasonable?

Philip Turton examines Bussey, Williams and the problem of low-level asbestos exposure ‘It has been the period from 1965 to 1976 which has presented as the area of battle as to what, if anything, constituted “acceptable” or “reasonable” exposure at the time.’ If, as seems likely, the recent decision in Bussey v Anglia Heating [2017] …

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Costs Budgets: The gift that keeps on giving

Paul Jones outlines the latest decision which concerns hourly rates ‘To depart from the approved budget, the court must be satisfied that there is a good reason and, in this case, the court found that there was a good reason.’ Of all the reforms implemented by Jackson LJ, costs budgets is the issue that continues …

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Case Report: Marsh v Ministry of Justice [2017] EWHC 1040 (QB) (Part 2)

Costs, discount rate, alternative dispute resolution ‘A party who makes serious allegations of misconduct runs a significant risk of being subjected to indemnity costs if they prove unsuccessful.’ In part one, we reported on the judgment for this case, where the Ministry of Justice was found to be liable for a stress-at-work claim. We will …

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Forum: Rules of service

Max Archer and Kate Boakes provide an introduction to serving claims out of the jurisdiction ‘In answering the question of whether England and Wales is a natural forum for a case, the court must consider whether the action has a real and substantial connection with the jurisdiction.’ This is an article about service, a neglected …

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