header-logo header-logo

14 November 2019
Issue: 7864 / Categories: Features , Procedure & practice , Civil way
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll