Tag: Court of Appeal
Court of Appeal finding of fundamental dishonesty
In Howlett v (1) Davies (2) Ageas Insurance Limited [2017] EWCA Civ 1696 the Court of Appeal found that the Court was entitled to make…
Proportionality – still no further forward
Earlier this month, the Court of Appeal handed down the long awaited case of BNM v MGN Limited [2017] EWCA Civ 1767. The judgment was…
BNM -v- MGN Limited
This case was one of the first cases to really demonstrate the power of CPR 44.3 (2) (‘Jackson test of proportionality’), which states: Where the…
Court of Appeal judgment in the Harrison Costs Budgeting case
The Court of Appeal has today handed down judgment in the important costs budgeting case of Harrison v University Hospitals Coventry & Warwickshire NHS Trust.…
Harmans Costs Brief – June 2017
In this issue we look at an important case from the Court of Appeal where refusal to mediate was not a bar to the recovery of…
Refusal to mediate is not a bar to the recovery of costs
Alternative Dispute Resolution (ADR) should not be treated as unreasonable where a refusal to mediate might in the circumstances have been justified. In the…