Lamb Chambers
7 Experts
7 Contributions by Lamb Chambers Experts
PRACTICE NOTES
Funding
Typical routes to finance a clinical negligence claim are:
legal aid/public funding
conditional fee agreement (CFA)
after the event (ATE) insurance
before the event (BTE) insurance
damages-based agreement (DBA)
Courts have examined whether moving from legal aid to a CFA was sensible. In Surrey v Barnet and Chase Farm Hospitals, the Court of Appeal found the switch was unjustified because the advice overstated the drawbacks of staying on legal aid and did not refer to losing the Simmons v Castle 10% increase on general damages.
In XDE, the Court of Appeal confirmed Surrey was not confined to situations involving the Simmons uplift; assessing the reasons for changing funding is a generally applicable exercise.
Where a solicitor’s decision to change funding is questioned, they must provide a detailed witness statement setting out the
PI & Clinical Negligence
PRACTICE NOTES
This Practice Note outlines how payment obligations under costs orders are addressed, distinguishes scenarios where the order specifies a deadline for payment, and offers guidance on phrasing and calculating such time limits. It also examines when a costs order becomes enforceable, whether enforcement can be stayed or deferred, and if a stay of execution can be lifted. The Note further considers whether additional time can be secured to meet a costs order. For advice on the court’s approach to parties who do not comply with interim costs orders, see Practice Note: Costs orders—debarring orders where there has been a failure to pay...
Payment of a costs order—if the court order includes a time limit
CPR 44.2(1) grants the court a general discretion in relation to costs. For commentary, see Practice Notes: Costs orders—the general rule and Costs orders—the court’s discretion. In addition to deciding whether one party
Dispute Resolution
PRACTICE NOTES
This Practice Note considers costs in the small claims track (SCT)
Handled under Part 27 of the CPR, this Practice Note reviews how costs operate on the SCT. It explains the scope of CPR 27.14(2) and provides guidance on the way the courts have interpreted those provisions. It also addresses rare scenarios in which a successful claimant may recover costs by relying on a contractual entitlement.
Note, this Practice Note considers:
The transitional CPR provisions for proceedings issued before 1 October 2023 (excluding personal injury and disease cases).
The position under the current rules for proceedings issued on or after 1 October 2023 (excluding personal injury and disease cases).
For personal injury, the transitional regime where the cause of action accrued prior to 1 October 2023.
For disease claims, the transitional regime where the letter of claim was sent to the
Dispute Resolution
PRECEDENTS
This Agreement is entered into on [ insert date ] (the Commencement Date) by the following (each a party and together the parties):
Parties
[ insert licensor name ] a company incorporated in [ England and Wales ] whose registered number is [ insert company number ] and whose registered office is at [ insert registered office ] (the Licensor);
[ insert licensee name ] a company incorporated in [ England and Wales ] whose registered number is [ insert company number ] and whose registered office is at [ insert registered office ] (the Licensee).
Background
The Licensor is [ the exclusive proprietor of OR entitled to grant rights in the ] Intellectual Property Rights in the Plans [ (both as defined below) ].
The Licensor wishes to grant a licence of the Intellectual Property Rights in the Plans to the Licensee, and the Licensee wishes to obtain and use them on
IP
PRECEDENTS
Dear [ insert organisation name ]
WITHOUT PREJUDICE SAVE AS TO COSTS
This hereby constitutes the Claimant’s proposal, brought under CPR Part 36...
PI & Clinical Negligence
Q&As
Money Claim Online is available for issuing claims for a defined monetary amount below £100,000, excluding interest and costs. The approach to costs mirrors that applied to any other claim brought under CPR Part 7.
The fixed costs regime
A claim falls within the fixed costs regime where no acknowledgement of service or defence is lodged, or where the defendant admits the claim. In that situation, the claimant may seek judgment through Money Claim Online by submitting the online request form. Once judgment is entered, the claimant’s legal representative is entitled to the fixed costs under CPR 45.4, as listed in Table 2 of CPR 45, which, for a claim over £5,000, range from £30 to £70 depending on the circumstances in which judgment is obtained...
Dispute Resolution
Q&As
This Q&A explores whether a gas safety certificate is necessary before issuing a section 21 notice, in situations where the flat has no gas appliance installed at all whatsoever...
Property Disputes
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