About Toby Moreton
This author has yet to write their bio.Meanwhile lets just say that we are proud Toby Moreton contributed a whooping 373 entries.
Entries by Toby Moreton
Exaggerated symptoms see claimant lose QOCS protection in first ‘fundamental dishonesty’ decision
Costs Lawyers have earned their long awaited right to litigate, says Sue Nash…
Master of the Rolls’ decision and Committee’s report on Guideline Hourly Rates
A Costs Judge concludes that the Mitchell guidance does not apply to default judgments contrary to earlier High Court ruling.
The Court of Appeal applies the guidance in Mitchell for the first time, overturning the High Court’s decision to grant relief from sanctions for non-compliance with an order requiring service of witness statements by a specified date.
Determination of a relief from sanctions application under the new CPR 3.9 for a failure to serve Notice of Funding.
Court of Appeal guidance on the correct application of CPR r.3.14 and approach to the revised version of CPR r.3.9. Relief from sanctions would not be granted where deadlines were overlooked, so solicitors should not take on so much work that they were unable to meet them.
A Costs Officer conducting a detailed assessment on a standard basis was not precluded from considering whether the claimants’ costs should be limited to those recoverable under stages 1 and 2 of the Pre-Action RTA Protocol where there was a consent order in which the defendant agreed to pay the claimants reasonable costs.
Costs that are disallowed for want of retainer should not factor in the calculation of the one fifth rule.