“Where a Claimant makes a successful Part 36 offer in a section IIIA case, he will be awarded fixed costs to the last staging point provided by rule 45.29C and Table 6B. He will then be awarded costs to be assessed on the indemnity basis in addition from the date that the offer became effective. This does not require any apportionment. It will, however, lead to a generous outcome for the Claimant.”
The Law Society Gazette reports “outspoken” Queens Bench Judge Master Cook’s comments on the proposal for fixed costs in clinical negligence cases worth up to £250,000. Speaking at a seminar in London, Judge Cook said “change should not be driven on the basis of out of date statistics and the short term interests of the NHS.” Read more from Judge Cook’s seminar here.
Rachel Rothwell writing in the Gazette, explores the way forward for costs budgeting noting that “Jackson might soon get his way on discretionary budgeting but would that feel like a giant waste?” Her article: “Mandatory budgeting: On its way out?” is definitely worth a read this week.
Final word from Professor Regan in response to his article last week in New Law Journal recounting objections to Lord Justice Jackson’s latest proposals for fixed fees. In “Perceptions Matter”, Professor Regan states, on a practical note that nothing will change this year.
With little over a month to go until CCMS becomes mandatory to use on 1 April, the agency said that it has made further improvements following user feedback. “For example, the most recent merits interview upgrade is now fully implemented and the 50% reduction in screens is proving popular with users. Further system upgrades on the way include document upload and means interview improvements.”
And this week, at John M Hayes, Kenny Shealey (Sussex Office) continues his Brighton marathon training with seven weeks to go and counting. Kenny is running to raise money for the “make a wish” foundation and you can read more about his story here