DEF v Southend University NHS Hospital

Simon Browne QC, instructed by Alan Mendham of Gadsby Wicks, represented the Claimant (now aged 10 years) who was injured as a result of negligent procedures during his birth in the Defendant’s hospital. The Claimant is severely disabled by quadriplegic dyskinetic cerebral palsy level 4/5, having suffered damage in the deep grey matter of his [...]

2018-09-12T17:33:27+00:00 September 12th, 2018|News|0 Comments

High Court further decides on new test of Proportionality

The reader is referred to the preceding paper on MGN Wave 1 proportionality. The parties were able to agree the reasonable individual base costs of 64 out of the 65 Wave 2 Claimants, the exception being Mr Jackson Scott, whose costs had previously been sent for detailed assessment before the Senior Costs Judge. They were [...]

2018-09-12T17:24:22+00:00 August 7th, 2018|News, Uncategorized|0 Comments

High Court gives guidance on the new test of Proportionality

Summary The parties were able to agree the reasonable base costs, and reasonable and proportionate common costs of every Claimant in the Wave 1 litigation. They were also able to agree the proportionate costs of all but 10 Claimants in the Wave 1 litigation. In his judgment dated 1 June 2018 the Senior Costs Judge [...]

2018-09-12T17:24:22+00:00 August 7th, 2018|News, Uncategorized|0 Comments

BNM -v- MGN Judgment, Court of Appeal Success for Claimant on the New Test of Proportionality.

Simon Browne QC and James Laughland, instructed by Atkins Thomson, have succeeded in persuading the Court of Appeal (the Master of the Rolls, with Longmore LJ and Irwin LJ) that the Senior Costs Judge was wrong to hold that the new test of proportionality applies to still recoverable additional liabilities. The Court of Appeal has [...]

2018-09-12T17:24:22+00:00 November 7th, 2017|News, Uncategorized|0 Comments

QOCS against multiple Defendants

Simon Browne QC successfully represented a QOCS-protected Claimant against an application to enforce an adverse costs order made by a Defendant against whom she had discontinued her claim, having been successful and received damages from the other Defendants. Background The Claimant (C) suffered an industrial injury and issued proceedings against three Defendants, each of whom [...]

2018-09-12T17:24:22+00:00 October 13th, 2017|News, Uncategorized|0 Comments

Temple Garden Chambers Costs Newsletter

Welcome to the very first edition of TGC’s Costs Newsletter! Costs has been a huge part of our practice at TGC for as long as it has been recognised as a discrete area of law. Whilst the team has naturally changed and evolved over that time, it has retained phenomenal strength and depth from its [...]

2018-09-12T17:24:22+00:00 July 4th, 2017|News, Uncategorized|0 Comments

Supreme Court Victory

Simon Browne QC appeared for successful Respondents in the Supreme Court. Three national newspapers (The Times, Daily Mail, and The Mirror) were attempting to avoid paying any additional liabilities (success fees and ATE premiums) to privacy and defamation claimants funded by conditional fee agreements. The challenge was based upon the newspapers’ freedom of expression under [...]

2017-10-05T09:57:47+00:00 April 11th, 2017|News|0 Comments

Briggs and 598 Others v First Choice Holidays and Flights Limited

Simon Browne QC, representing 599 holidaymakers who fell ill at a resort, successfully appealed against a decision certain claimants should have engaged in ADR prior to progressing their claims through the courts. Mr Justice Singh in delivering his judgement enunciated two important points of principle concerning the use of ADR. 599 holidaymakers sued First Choice [...]

2017-10-05T09:58:01+00:00 February 14th, 2017|News|0 Comments

FROST AND ORS V MGN LIMITED

Supreme Court. Newspaper Article 10 challenge to the payment of Additional Liabilities. Simon Browne QC appeared for 23 separate Respondents in a three day challenge in the Supreme Court by the Appellant Newspaper (The Mirror) to pay success fees and after the event insurance premiums to successful litigants in publication cases, namely the phone hacking [...]

2017-10-05T10:02:05+00:00 February 3rd, 2017|News|0 Comments
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