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24 November 2021

News in brief - 25.11.2021

Fill the vacancies on the ACL Council Members should have received an email this week inviting nominations for the two vacancies on the ACL Council. Supporting the association and the profession is in everyone’s interests and the coun... view

24 November 2021

Part 36 offer for 99% of damages was “genuine attempt to settle”

A part 36 offer for 99% of the damages claimed was a genuine attempt to settle given that the claimant did not think the defendant had a realistic prospect of defending the case, the High Court has ruled. In a judgment packed with decisions... view

18 November 2021

CJC proposes summary costs procedure for cases settled in pre-action protocols

The Civil Justice Council (CJC) has suggested introducing a summary costs procedure for costs liability and quantum disputes for cases that are resolved at a pre-action protocol (PAP) stage. It said the procedure would be independent of par... view

18 November 2021

Solicitors can be cross-examined as part of wasted costs applications, says CA

The Court of Appeal has overturned a decision to order the cross-examination of a solicitor facing a wasted costs order but said the step can be justified in exceptional circumstances. Lord Justice Newey said it was clear from CPR 32.7 that... view

18 November 2021

Case that exited portal was sufficiently exceptional to order non-fixed costs

A judge has allowed a claimant’s solicitors to seek costs on the standard basis after the personal injury claim they were handling settled outside the RTA portal but before allocation to the multi-track. But Deputy District Judge Ayre... view