News | Assessment

Assessing Proportionality After May V Wavell

25 January 2018   There was much hope that the appeal of Master Rowley’s decision in Dr Brian May and Anita May v Wavell Group Limited and Dr Farid Bizzari [2016] would result in clear guidance, albeit not binding, on how the courts  should now assess proportionality.  Certainly questions had been asked about access to justice when a bill of costs for over £208,000 was reduced to £35,000 .....continue reading

Cfas – To Assign Or Not To Assign? That Is The Question!

12 December 2017   The judgment in Budana v Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980) has finally been released and we finally have some clarity on assignment and novation of CFAs. We consider the judgment and whether it really is the end of the road. Background The claimant had entered a CFA with Baker Rees (BR) after having a tripping accident whilst attending the defendant’s hospital. BR su .....continue reading

Ate Insurance Premiums In The Press Again!

01 December 2017   We reported recently on the case of BNM v MGN Limited & Michael Reynolds v Nottingham University Hospitals NHS Foundation Trust [2017] EWCA Civ 1767 and whether the old or new proportionality test applied to additional liabilities taken out prior to April 2013. In Peterborough and Stamford Hospitals NHS Trust v Maria McMenemy [2017] EWCA Civ 1941 the court considered whether ATE premiums in c .....continue reading

What Is This Proportionality Test I See Before Me?

17 November 2017   The recent decision in BNM v MGN Limited [2017] EWCA Civ 1767 provided illumination on how the new and old proportionality tests are to work in relation to additional liabilities, but how did the Court of Appeal reached its decision that the success fee and ATE insurance premium in this privacy claim should be subject to the old proportionality test? The Old Test The old proportionality test is .....continue reading

Provisional Assessment For Bills Of Costs Less Than £75,000.00!

01 March 2013   Introduction   Provisional assessment is the process whereby the Court will assess a party’s costs without an oral hearing.  The new CPR 47.15, published in Mid-February, introduces provisional assessment to any detailed assessment proceedings commenced in the High Court and County Courts on or after .....continue reading