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Interim Costs Payment Refused In Liability Admitted High Value MT Case

04/01/2022/0 Comments/in Case Law/by Toby Moreton

“…in contrast to the position in X v Hull, there have been early Part 36 offers in this case. If the approach I have set out above … is the correct approach to the second stage of the determination then I could not with an appropriate degree of certainty, bearing in mind also potential deductions for contributory negligence, conclude that there is sufficient security for the Defendant’s costs in an immediate award of damages or otherwise as proposed by Mr. Reddiford. Put another way, if I were persuaded that the underlying costs orders sought should be made, the effect of making an interim payment would be to diminish the security which is to be found in those costs orders. In all the circumstances even if I were persuaded to have made the final costs orders, I would not therefore have been satisfied that it was appropriate to make an order for interim payment of costs.”

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https://i0.wp.com/tmcls.co.uk/wp-content/uploads/2022/01/186500012-huge-scaled.jpg?fit=1085%2C924&ssl=1 924 1085 Toby Moreton https://tmcls.co.uk/wp-content/uploads/2022/01/jpeg-large-1-300x142.jpg Toby Moreton2022-01-04 17:16:062022-01-04 19:31:21Interim Costs Payment Refused In Liability Admitted High Value MT Case
RXK v Hampshire Hospitals NHS Foundation Trust [2019] EWHC 2751 (QB)

Payments On Account Of Costs In Long Running Clinical Negligence Cases | Don’t Just Ask.

21/10/2019/0 Comments/in Case Law/by Toby Moreton

Master Cook has endorsed the approach taken by HHJ Robinson in I v Hull & East Yorkshire Hospitals NHS Trust where overturned the refusal of DJ Batchelor to award the claimant in a long running clinical negligence matter a substantial payment on account of quantum costs.

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https://i0.wp.com/tmcls.co.uk/wp-content/uploads/2019/10/RXK-v-Hampshire-Hospitals-NHS-Foundation-Trust-2019-EWHC-2751-QB.jpg?fit=1000%2C563&ssl=1 563 1000 Toby Moreton https://tmcls.co.uk/wp-content/uploads/2022/01/jpeg-large-1-300x142.jpg Toby Moreton2019-10-21 19:43:122022-01-04 19:55:54Payments On Account Of Costs In Long Running Clinical Negligence Cases | Don’t Just Ask.
payments on account in clinical negligence cases

Payments on account in long running clinical negligence cases

21/03/2019/0 Comments/in Case Law/by Toby Moreton

The Claimant successfully appealed a decision to refuse a further interim payment on account of costs in a case where liability had been admitted and it was agreed that determination of quantum will not be possible until 2022.

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https://i0.wp.com/tmcls.co.uk/wp-content/uploads/2019/03/payments-on-account-in-clinical-negligence-cases.jpg?fit=500%2C334&ssl=1 334 500 Toby Moreton https://tmcls.co.uk/wp-content/uploads/2022/01/jpeg-large-1-300x142.jpg Toby Moreton2019-03-21 18:51:032019-10-21 19:16:43Payments on account in long running clinical negligence cases

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