I have just had a chat with an eminent claimant firm which tells me that overnight defendants have stopped paying additional liabilities. This is due to the remarks made by Lord Neuberger in COVENTRY V LAWRENCE.
It might be worth noting that;
1. Parliament legislated for recoverability and more recently again to terminate it ;
2. The extremely thorough Jackson inquisition criticised the logic but not the legality of recovery ;
3. All that the President said was that the paying party might want to make representations;
4. If the complaint is that it is unlawful because of the expense then why would base costs , court fees or any other expenditure not fall into the same basket?
It might be worth noting that;
1. Parliament legislated for recoverability and more recently again to terminate it ;
2. The extremely thorough Jackson inquisition criticised the logic but not the legality of recovery ;
3. All that the President said was that the paying party might want to make representations;
4. If the complaint is that it is unlawful because of the expense then why would base costs , court fees or any other expenditure not fall into the same basket?
