Costs: Turning the tables: costs orders against claimants’ solicitors

Judith Bloor and Christopher Malla assess the implications of Flatman v Germany; Weddall v Barchester Health Care Ltd ‘Recent changes in the costs regime, which came into force from 1 April 2013, include qualified one-way costs shifting (QOCS) in personal injury cases.’In Flatman v Germany; Weddall v Barchester Health Care Ltd [2013], the Court of …
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Case Report: Gavin Flatman v Gill Germany; Richard Weddall v Barchester Health Care Ltd [2013] EWCA Civ 278

Third-party cost orders; disclosure ‘There will be palpable relief among solicitors that the payment of disbursements and provision of credit has roundly been dismissed as a test for establishing that a funder is “a real party” to proceedings.’ On 10 April 2013 the Court of Appeal handed down judgment in the conjoined appeals in Flatman …
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Damages: A slice of the cake

Nick Rowles-Davies assesses the impact of the draft Damages-Based Agreement Regulations There is some force in the argument that acting under a DBA pushes the solicitors closer to being a funder and ‘the real party’ to the proceedings. The Civil Justice Council’s (CJC) working party on damages-based agreements (DBAs) has prompted some debate in the …
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