The Year of Costs in Review

This year started well for personal injury lawyers with the Court of Appeal’s judgement in Broadhurst v Tan (February). Lord Dyson concluded that a claimant who beats their own part 36 offer at trial is not restricted to recovering fixed costs.

Broadhust was later applied by the High Court in Lowin v W Portsmouth & Co (June) to disapply the cap on the costs of provisional assessment; and by the Intellectual Property Enterprise Court in PPL v Hagan (November) where it was held that neither staged costs nor costs caps applied where a claimant beat its own part 36 offer.

Read more of Alex Bagnall's blog here: Litigation Futures

 

We want to wish all of our followers a very Merry Christmas and all the best for 2017!