Alice is instructed in cases where complex costs issues arise, particularly where there are multiple Defendants and disputes over costs because of subsidiary liabilities, disapplication of QOCS, and the possible impact of fraud on costs assessments.
She regularly conducts the most complex of Costs and Case Management Hearings for multi-track cases and advises on Part 36 offers and consequences.
J v F (2018) Preston County Court: acted for Claimant in novel costs issue arising out of the confusion within fixed costs when liability was allocated to the fast track but quantum to the multi-track (a circumstance not fully anticipated in the CPR).
P v P, P and C (2018) Manchester County Court: acted for Second Defendant. D2’s strike out application for Claimant’s claim as against D2 to be dismissed and QOCS disapplied. C succeeded against D1, D3 indemnified D1, and D2 was successful in recovering all costs from C under disapplication of QOCS.
B v C (2017) Birkenhead County Court, Regional Costs Judge: acted for Defendant where Defendant mistakenly offered £0 for PSLA within the Portal, but Claimant unconscionably refused the Defendant Portal access to amend it within the negotiation period. Judge found for the Defendant, agreeing that the Portal negotiation rules did not bar negotiation by email and the Defendant’s subsequent offer outside the Portal was validly made.
W v P (2017) Birkenhead County Court: acted for Defendant. Claim dismissed and Judge accepted that it was proper to invoke judicial discretion under CPR 44.2 to make a costs award that reflected the fact that Claimant failed to beat Defendant’s offer, even though the offer had not been compliant with Part 36.