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

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll