Personal Injury Claims & Costs Law
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Questions and Answers

Under what circumstance can a claimant in a personal injury claim be ordered to pay the defendant's costs if the claim fails?

  • If the claim was settled before the court date
  • If the claimant did not provide a correct address
  • If the defendant had no legal representation during the trial
  • If the claim was found to be fundamentally dishonest (correct)

    • What is a key requirement for a Part 36 offer to settle a claim?

  • It must specify a withdrawal period that is not less than 21 days (correct)
  • It can be withdrawn without any notice
  • It must be made public for transparency
  • It must be presented orally during the court session

    • Which of the following scenarios would NOT allow a defendant to apply for security for costs?

  • The claimant is acting as a nominal claimant
  • The claimant accepts a Part 36 offer (correct)
  • The claimant failed to provide an adequate address on the claim form
  • The claimant has moved assets outside England and Wales

    • What action can the offeree take if a Part 36 offer is unclear?

    <p>Request clarification within seven days</p> Signup and view all the answers

    In what circumstances can a court impose a wasted costs order?

    <p>If the solicitor acted improperly, unreasonably, or negligently</p> Signup and view all the answers

    What happens to the claimant's costs if they secure an award greater than the defendant's offer?

    <p>The defendant will be ordered to pay all costs incurred by the claimant.</p> Signup and view all the answers

    What is likely to happen regarding costs if the claimant's awarded amount is less than the defendant's offer?

    <p>The claimant may be ordered to pay the defendant's costs incurred after the expiry of the relevant period.</p> Signup and view all the answers

    What additional liabilities may the defendant incur if the claimant secures an award greater than their offer?

    <p>The defendant could face enhanced interest rates for the period after the acceptance time expired.</p> Signup and view all the answers

    Which statement is true regarding the claimant's position when awarded less than the defendant's offer?

    <p>The claimant does not benefit from the offer in terms of costs.</p> Signup and view all the answers

    What portion of additional damages may be awarded to the claimant if their award exceeds the defendant's offer?

    <p>10% on the first £500,000 and 5% for any amount above £500,000.</p> Signup and view all the answers

    Which statement regarding the withdrawal of a Part 36 offer is true?

    <p>A Part 36 offer can be withdrawn if a notice of withdrawal is served before the relevant period expires.</p> Signup and view all the answers

    What happens if a claimant accepts a defendant's Part 36 offer after the expiry of the relevant period?

    <p>The defendant's liability for costs is limited to the end of the relevant period.</p> Signup and view all the answers

    When is a Part 36 offer considered accepted?

    <p>When the offeree serves a written notice of acceptance within the relevant period.</p> Signup and view all the answers

    Which scenario allows for a Part 36 offer to be accepted during a trial?

    <p>It requires permission from the judge for acceptance.</p> Signup and view all the answers

    What determines the assessment of costs when a Part 36 offer is accepted without agreement on costs?

    <p>Costs will be assessed on a standard basis if not agreed upon.</p> Signup and view all the answers

    Under what circumstance might a claimant in a personal injury case be ordered to pay costs if the claim fails?

    <p>The claim was fundamentally dishonest.</p> Signup and view all the answers

    Which condition allows a party to recover legal costs on the indemnity basis?

    <p>Objecting based on reasons of unreasonable work by the solicitor.</p> Signup and view all the answers

    What is a key feature of a Part 36 offer to settle a claim?

    <p>It must specify a minimum period of 21 days.</p> Signup and view all the answers

    What happens if a party fails to file a cost budget in a multi-track case?

    <p>They will be barred from recovering costs, even if they win.</p> Signup and view all the answers

    Who can apply for security for costs in a dispute resolution context?

    <p>Only the defendant.</p> Signup and view all the answers

    Under which basis does the court allow recovery of costs without regard to proportionality?

    <p>Indemnity Basis</p> Signup and view all the answers

    A Part 36 offer that is deemed unclear allows the offeree to request clarification within what time frame?

    <p>7 days.</p> Signup and view all the answers

    When is a Directions Questionnaire required to be filed in a multi-track case?

    <p>If the claimant is seeking a total under £50,000.</p> Signup and view all the answers

    What could lead to a court ordering a solicitor to pay the other party's costs?

    <p>The solicitor acted negligently or improperly.</p> Signup and view all the answers

    What is the consequence of a costs management order (CMO) being exceeded unreasonably?

    <p>A new costs management order must be sought.</p> Signup and view all the answers

    What must the winning party do if their detailed bill of costs exceeds the costs budget by more than 20%?

    <p>Prepare a statement with reasons.</p> Signup and view all the answers

    How many days does the paying party have to file points of dispute regarding a detailed bill of costs?

    <p>21 days</p> Signup and view all the answers

    What does a security for costs order require from a claimant if the defendant has concerns about the claimant's ability to pay costs?

    <p>Provide a bond or pay money into court.</p> Signup and view all the answers

    What is the timeframe for a party to challenge a provisional assessment provided by the judge?

    <p>21 days</p> Signup and view all the answers

    Under what circumstance is a bond available when applying for security for costs?

    <p>When the claimant resides outside the jurisdiction.</p> Signup and view all the answers

    What happens when a claimant secures an award greater than the defendant's initial offer?

    <p>The offer has no effect on the awarded costs.</p> Signup and view all the answers

    If the claimant is awarded less than the defendant's offer, what is the likely outcome regarding costs?

    <p>The claimant is not responsible for any of the defendant's costs.</p> Signup and view all the answers

    What occurs if a claimant's award is under the defendant's offer?

    <p>The claimant will be liable for standard basis costs incurred after the relevant period.</p> Signup and view all the answers

    What is the consequence for the defendant if they reject a claimant's offer and the claimant later secures a greater award?

    <p>The defendant will pay interest on the entire claim at an enhanced rate.</p> Signup and view all the answers

    If a pre-issue Part 36 offer is rejected, what costs is the winning party entitled to claim?

    <p>Both the cost of pre-action work and litigation costs.</p> Signup and view all the answers

    What is the maximum time allowed to request permission to appeal following the court's decision?

    <p>21 days</p> Signup and view all the answers

    Which of the following is NOT a valid ground for appeal?

    <p>The introduction of new evidence during the appeal</p> Signup and view all the answers

    What must a party include when submitting a formal appeal form to the court?

    <p>A description of the subject of the appeal</p> Signup and view all the answers

    What is required for a retrospective request for permission to appeal?

    <p>The party must demonstrate the application is reasonable</p> Signup and view all the answers

    Who is generally responsible for the costs in litigation?

    <p>The losing party</p> Signup and view all the answers

    Study Notes

    Dispute Resolution: Costs

    • If a claimant gets an award greater than the defendant's offer (e.g., claimant awarded £20,000, defendant offered £15,000), the offer has no effect on costs.
    • If a claimant gets an award less than the defendant's offer (e.g., claimant awarded £15,000, defendant offered £20,000), the defendant is usually ordered to pay the claimant's costs.
    • If a claimant gets a greater award than the defendant's offer (e.g., claimant awarded £20,000, defendant offered £15,000), costs are assessed on the standard basis (reasonable). The defendant is likely to be ordered to pay interest on the entire period after the acceptance period ends. Additional damages of up to 10% for the first £500,000 in damages (and 5% on amounts above) are also possible.

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    Description

    Test your knowledge on the costs associated with personal injury claims. This quiz covers key aspects such as Part 36 offers, scenarios for security for costs, and the implications of awarded amounts. Improve your understanding of legal procedures and responsibilities in these cases.

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