Nikhil Arora, instructed by Keoghs, successfully resists claimants’ applications for their costs to be assessed – as opposed to fixed – when the defendant accepts their Part 36 offers after the expiry of the 21 day period. The Claimants were limited to Fixed Recoverable Costs, in accordance with CPR 45.29A. HHJ Tindal gave the Claimants permission to appeal.
The Supreme Court today handed down Judgment in Zurich -v- Hayward. This has been a ‘Ropewalk Chambers’ case throughout, Jayne Adams QC having been junior counsel from the issue of the original action as long ago as May 2001 and Patrick Limb QC for the purposes of the first Court of Appeal decision (a decade later) and in the Supreme Court. What started off as a relatively standard personal injury action has, by reason of the unusual factual development of the evidence and its journey through the Courts, now given rise to an important decision of principle in relation to personal injury actions involving fraud.