Kain Knight are an ever growing force in the field of costs litigation
This update focuses on decisions handed down in the hectic weeks before the Christmas holiday began. 2017 has undoubtedly been a “best ever” year in terms of the number of costs appeals which have been heard by the Court of Appeal in a calendar year and never have there been so many costs cases at lower levels, either, come to that. As always, we have not reported every decision and our focus has been on those which are informative and likely to be of practical use to the profession. Of particular note in this issue are three Court of Appeal decisions handed down in late November and December- McMenemy, BNM and Lowin. If you require any further information, please contact Matthew Kain at Matthew.Kain@Kain-knight.co.uk or Colin Campbell at Colin.Campbell@Kainknight.co.uk. After-the-Event Insurance Premiums...
The scenario: the receiving party serves a bill for £75,000 and commences proceedings for detailed assessment under CPR 47. 6. In view of the sum involved, the bill is referred for provisional assessment under CPR 47.15 and Practice Direction (PD) 47.14.1. The bill is assessed by the judge at £72,000. Sealed offers lodged under PD 47.14.3(d) are subsequently considered. They reveal that the receiving party offered to accept £71,999, so the offer has been beaten by a whisker....
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