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14 November 2019
Issue: 7864 / Categories: Features , Procedure & practice , Civil way
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Civil way: 15 November 2019

Early cash; ADR: agree it, do it; eternally privileged; look, no boarding card

Interim costs pre-judgment

The court does have CPR 44.2 power to order interim costs where the only issue is on quantum, but before that issue is resolved and resolution is some time away. An order for detailed assessment on quantum was not a prerequisite. That was the conclusion of Judge Robinson in HI v Hull & East Yorkshire Hospitals NHS Trust (Case no 3SE90091) in Sheffield on 25 February 2019. There has been no binding High Court authority to this effect, although leave to appeal in HI was refused by Irwin LJ. On the back of these events, interim applications have become commonplace in high-value clinical negligence and personal injury claims where there is likely to be a substantial delay before quantum can be determined.

Now comes the judgment on an interim costs application of Master Cook in RXK (a child proceeding by her mother and litigation friend GXK) v Hampshire Hospitals NHS Foundation Trust [2019] EWHC 2751

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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