Merry Christmas And Best Wishes For The New-Year!

24 December 2021   The team at Goodwin Malatesta wish everyone a Merry Christmas and best wishes for the New-Year! This year we have again decided not to send Christmas Cards but make a donation, this year to Trussell Trust ( who provide support to those locked in poverty.  They do this by supporting a nationwide network of food banks and also provide emergency food and support and campai .....continue reading

The Mechanics Of Qualified One Way Costs Shifting - Mrs. Sui La Ho V Miss Seyi Adelekun [2021] Uksc 45

27 October 2021   The case of Mrs. Sui La Ho (Defendant/Appellant) v Miss Seyi Adelekun (Claimant/Respondent) was already well known following the Court of Appeal ruling in 2019 that in an RTA case, a Part 36 offer making reference to “detailed assessment” does not escape the fixed costs regime.  The same case also addresses the question of how Qualified One Way Costs Shifting (“QOCS”) .....continue reading

Security For Costs – Protecting The Possible Costs Recovery Of Successful Defendants

29 April 2021   Over recent years there has been an increase in the number of defendants using the protections provided by Security for Costs.  This process is available to defendants where there is a risk that if the case is successfully defended a costs order may not be enforceable against the losing claimants. So why is security for costs needed? Civil Procedure Rule CPR 44.2 (2) (a) sets out the general .....continue reading

Civil Justice Council Consultation On Guideline Hourly Rates

15 March 2021   For many years Guideline Hourly Rates (GHR) were published by HM Courts & Tribunal Service for use in summary assessments. Those GHR have also been used on many detailed assessments, however they have not been revised since 2010 (despite a review taking place in 2014).  Over the years there has been growing pressure for a thorough review of the GHR but no formal review or consultation ha .....continue reading

Happy Christmas And Best Wishes For 2021 From Us All At Goodwin Malatesta

23 December 2020   

Goodwin Malatesta Are Honoured To Support Neuroendocrine Cancer Uk In 2021

23 December 2020   Goodwin Malatesta are proud to announce that our charity of the year for 2021 is Neuroendocrine Cancer UK.  This is a rare cancer that affects neuroendocrine cells, which when healthy help regulate bodily functions but cancer causes cells to grow and reproduce uncontrollably.  It affects more than 36,000 people a year in the UK, occurring in those of any age or gender and can develop in .....continue reading

Hourly Rates In Court Of Protection Bills Of Costs - In The Matters Of Plk, Aayan Ahmed Thakur, Nathanial Chapman And Paul Nigel Tate [2020]

08 October 2020   Master Whalan has recently allowed on assessment enhanced hourly rates in four Bills of Costs for Court of Protection work.  It had been submitted by the professional Deputies in each Bills of Costs that the Court’s approach to rely upon Guideline Hourly Rates (“GHR”), last updated in 2010, was incorrect and unjust on the basis that they did not take into account the specia .....continue reading

Can A Defendant’s Costs Be Set Off Against A Claimant’s If Qualified One-Way Costs Shifting Applies?

07 October 2020   The case of Mrs Siu Lai Ho v Miss Seyi Adelekun is already well known following the Court of Appeal’s ruling in 2019 that in an RTA case, a Part 36 offer making reference to “detailed assessment” does not escape the fixed costs regime. The same case now raises to question of how Qualified One-Way Costs Shifting (QOCS) should be applied and whilst the Court of Appeal decided begru .....continue reading

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