Overview

Presented by Tom Jenkinson of Erimus Chambers, this is the second of a series of webinars examining recent costs decisions and their practical implications for personal injury practitioners. 

The webinar will cover the costs consequences of allegations of dishonesty; how the court decides who the successful party is; the consequences of not using Part 36 offers; and group litigation including how to ensure the strategies and retainer agreements are optimal.

Through a practical analysis of three recent cases, delegates will gain a clearer understanding of how the courts approach these issues, identify risks and opportunities, and adapt their advice and litigation strategy to improve costs outcomes.

Learning Objectives

By the end of the webinar, delegates will be able to:

• Predict how the court will identify the successful party where a claimant wins overall but loses a major issue, and the likely size of any percentage reduction
• Use Part 36 offers, including offers on individual issues and protecting against issue-based costs arguments
• Apply the costs principles in group litigation, including test case selection, retainers and the evidence needed for a payment on account of costs
• Advise a client facing an allegation of fundamental dishonesty: the conference, correcting evidence, the consequences of a finding, and the options, including discontinuance
• Decide whether, when and how to warn an opponent of the costs risk of pursuing an allegation of fundamental dishonesty

Cases Covered

JBX (by his mother and litigation friend DBX) v Frimley Health NHS Foundation Trust (Costs) [2026] EWHC 2525 (KB)
Who is the winner, who should be awarded costs, complex costs orders and failure to use Part 36 offers
A child left profoundly disabled by a hypoxic brain injury recovered over £4.3 million plus periodical payments, but lost the main battle over home-based versus residential care, which took up most of the trial. Neither side made a Part 36 offer. 

David Abbott & Ors v Ministry of Defence [2026] EWHC 2083 (KB)
QOCS, retainer agreements and costs in group litigation
A nine-week trial of generic issues and two lead claims in the military hearing loss litigation. Both sides won major issues. The claimants sought 95% of their costs and the MoD no order as to costs. 

Hakmi v East & North Hertfordshire NHS Trust & Anor [2025] EWHC 2597 (KB)
Failed allegations of fundamental dishonesty: costs consequences even when the claimant loses
A surgeon’s clinical negligence claim, with damages agreed at just over £1 million, failed on causation. But the trusts’ allegation that he had deliberately exaggerated his limitations failed too, and they were ordered to pay 15% of his costs from the date they raised it. Considered alongside the Court of Appeal’s guidance in Thakkar v Mican [2024] EWCA Civ 552.

This webinar is part of a two-session series. 

The first part can be found by clicking here