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Payments on account in long running clinical negligence cases

Court Of Appeal Defends Interim Costs Payments In Long Running Clinical Negligence Matters

03/07/2019/in Case Law/by Toby Moreton

We previously reported on the decision of HHJ Robinson on appeal in the County Court at Northampton where he overturned District Judge Batchelor’s refusal to allow a second interim payment in a long running clinical negligence matter where 90% liability had been admitted and it was agreed that determination of quantum would not be possible until 2022, commenting that “Failure to ensure adequate cash flow during the period of inevitable delay may lead to the perverse and undesirable consequence that solicitors are unwilling to take on case [sic] such as this at an early stage.”

The defendant has been refused permission to appeal this decision by the Court of Appeal.

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https://i0.wp.com/tmcls.co.uk/wp-content/uploads/2019/07/Payments-on-account-in-long-running-clinical-negligence-cases.jpg?fit=1000%2C667&ssl=1 667 1000 Toby Moreton https://tmcls.co.uk/wp-content/uploads/2022/01/jpeg-large-1-300x142.jpg Toby Moreton2019-07-03 16:00:322022-01-03 20:03:53Court Of Appeal Defends Interim Costs Payments In Long Running Clinical Negligence Matters
STATI & ORS v THE REPUBLIC OF KAZAKHSTAN

Discontinuance, indemnity costs and payments on account

03/07/2019/0 Comments/in Case Law/by Toby Moreton

This was a decision of Jacobs J as to the entitlement of the defendant following discontinuance to an award of indemnity costs and a payment on account pursuance to CPR 44.2(8). The Court held that there was nothing “out of the norm” in the claimant’s conduct of the proceedings (in which they sought the enforcement of a Swedish arbitration award) up until a hearing of the defendant’s application to set aside in June 2017 when Robin Knowles J found that the defendant’s three original grounds of challenge were no longer maintainable, but that they had had established a prima facie case that the award was obtained by fraud.

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https://i0.wp.com/tmcls.co.uk/wp-content/uploads/2019/07/STATI-ORS-v-THE-REPUBLIC-OF-KAZAKHSTAN.jpg?fit=500%2C500&ssl=1 500 500 Toby Moreton https://tmcls.co.uk/wp-content/uploads/2022/01/jpeg-large-1-300x142.jpg Toby Moreton2019-07-03 13:57:432019-07-05 11:12:55Discontinuance, indemnity costs and payments on account
Bates & Ors v Post Office Ltd [2019] EWHC 1373 (QB)

Group litigation: a determination of costs related to common issues

09/06/2019/0 Comments/in Case Law/by Toby Moreton

This was a costs decision following determination of 23 common issues between the parties in group litigation between several hundred sub-postmasters and The Post Office. It dealt with a number of issues, including:
Whether the costs of the Common Issues should be reserved;
Who should pay the costs of the Common Issues and in what proportion;
Whether the costs be assessed on the standard or on the indemnity basis;
An application for an interim payment on account; and
Timing of the detailed assessment of the costs.

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https://i0.wp.com/tmcls.co.uk/wp-content/uploads/2019/06/Bates-Ors-v-Post-Office-Ltd-2019-EWHC-1373-QB.jpg?fit=1000%2C783&ssl=1 783 1000 Toby Moreton https://tmcls.co.uk/wp-content/uploads/2022/01/jpeg-large-1-300x142.jpg Toby Moreton2019-06-09 06:38:122019-06-10 11:15:43Group litigation: a determination of costs related to common issues
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
Interim Payments In Solicitors Act Detailed Assessments

24 January 2019: Interim Payments In Solicitors Act Detailed Assessments

26/01/2019/0 Comments/in Newsletter/by Toby Moreton
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https://i0.wp.com/tmcls.co.uk/wp-content/uploads/2019/01/knockout2.jpg?fit=500%2C354&ssl=1 354 500 Toby Moreton https://tmcls.co.uk/wp-content/uploads/2022/01/jpeg-large-1-300x142.jpg Toby Moreton2019-01-26 12:52:072019-01-26 13:13:2124 January 2019: Interim Payments In Solicitors Act Detailed Assessments
Interim Payments In Solicitors Act Detailed Assessments

Interim Payments In Solicitors Act Detailed Assessments

24/01/2019/0 Comments/in Case Law, Solicitor and Client Costs/by Toby Moreton
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https://i0.wp.com/tmcls.co.uk/wp-content/uploads/2019/01/knockout2.jpg?fit=500%2C354&ssl=1 354 500 Toby Moreton https://tmcls.co.uk/wp-content/uploads/2022/01/jpeg-large-1-300x142.jpg Toby Moreton2019-01-24 15:16:022019-01-24 15:46:38Interim Payments In Solicitors Act Detailed Assessments
interim payment in COP cases

Court of Protection cases: Payments on account

21/01/2019/0 Comments/in Guidance/by Toby Moreton
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https://i0.wp.com/tmcls.co.uk/wp-content/uploads/2019/01/interim-payment-in-COP-cases.jpg?fit=500%2C647&ssl=1 647 500 Toby Moreton https://tmcls.co.uk/wp-content/uploads/2022/01/jpeg-large-1-300x142.jpg Toby Moreton2019-01-21 16:57:462019-01-21 16:57:46Court of Protection cases: Payments on account
interim payment

No power to order a payment on account of costs following acceptance of a Part 36 Offer

15/11/2018/0 Comments/in Case Law/by Toby Moreton
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https://i0.wp.com/tmcls.co.uk/wp-content/uploads/2018/11/no-payments.jpg?fit=1859%2C924&ssl=1 924 1859 Toby Moreton https://tmcls.co.uk/wp-content/uploads/2022/01/jpeg-large-1-300x142.jpg Toby Moreton2018-11-15 14:30:582019-10-24 12:24:16No power to order a payment on account of costs following acceptance of a Part 36 Offer

CPR 44.2(8) | No Restriction To Ordering A Payment On Account

04/10/2018/0 Comments/in Case Law/by Toby Moreton

It is not the law that, once an order for costs has been made, drawn up and sealed, no further application can be made to the court for an order for a payment of a sum on account of those costs. There is nothing in the rules which so requires, and there may be good reason why payment of the sum on account is not considered at the time the order was made. [14]

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https://tmcls.co.uk/wp-content/uploads/2022/01/jpeg-large-1-300x142.jpg 0 0 Toby Moreton https://tmcls.co.uk/wp-content/uploads/2022/01/jpeg-large-1-300x142.jpg Toby Moreton2018-10-04 18:46:112021-07-06 08:29:07CPR 44.2(8) | No Restriction To Ordering A Payment On Account
issue-based costs order

An approach to costs where a claimant has “overwhelmingly” succeeded at trial but lost on some issues

30/09/2018/0 Comments/in Case Law/by Toby Moreton
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https://i0.wp.com/tmcls.co.uk/wp-content/uploads/2018/09/issues.jpg?fit=800%2C764&ssl=1 764 800 Toby Moreton https://tmcls.co.uk/wp-content/uploads/2022/01/jpeg-large-1-300x142.jpg Toby Moreton2018-09-30 12:23:332019-10-18 12:47:51An approach to costs where a claimant has “overwhelmingly” succeeded at trial but lost on some issues
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