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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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