Archive for 'Case Law'

Failure to serve Notice of Funding (N251),  Relief from Sanction

The recently handed down Judgment of Manning and Beggs v King’s College Hospital NHS Trust concerned an appeal against the Costs Judge’s refusal to grant relief from sanction where there had been a failure to serve a Notice of Funding.

On appeal relief was granted and the Court found that whether a paying party had been prejudiced by the lack of notice was a central issue to be considered.  The Judgment and ...

Notice of Commencement, setting a matter down for assessment, requirement

Important amendments to the Costs Practice Direction in the latest version of the CPR.

In particular, Section 32.5 which deals with what are the relevant details of an additional liability which must be served with the Notice of Commencement.  These details now include the following (even for post November 05 CFAs):-

1.   A copy of the risk assessment or a statement of the reasons for the percentage increase.

2.   The CFA itself or alternatively a ...