Litigation

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When is your Bill deemed to be paid?

Introduction When is your Bill deemed to be paid? Looks like a simple question BUT, the answer is a little more complex. Thankfully, the case of Oakwood Solicitors Ltd -v- Menzies [2024] UKSC 34 confirmed what is meant by “payment” for the purpose of section 70 of the Solicitors Act. Background Mr Menzies (M) was… Continue reading

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Excessive Costs Budget leads to a costs Order being made against the culprit!

Introduction Seeking an excessive Costs Budget is not a great idea – this was shown in the recent case of Nicholas Worcester v Dr Philip Hopley [2024] EWHC 2181 (KB). This was a Clinical Negligence case whereby the Claimant filed a Costs Budget with estimated costs in the sum of £342,263. Following the CMC, the… Continue reading

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Fixed Costs and the NEW Precedent U

The Introduction of the Fixed Costs Determination process We are now one year on from the extension of the fixed recoverable costs regime to include all types of civil litigation claims with a value of up to £100,000.00. The number of cases which fall within the extended scheme has been growing, and in light of… Continue reading

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The Importance of File Notes

Introduction The importance of file notes cannot be overstated. One of the key bits of advice we constantly provide is the need to evidence the work undertaken with a file note. If you don’t? Well, then you introduce “doubt”. “Doubt” in a Standard Basis Assessment will invariably lead to arguments under CPR 44.3(2) which states… Continue reading

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Costs Budget – Another reminder of the need to be prompt to vary it!

Introduction Practitioners have again been reminded of the need to be prompt when seeking to vary a costs budget. Today’s blog takes a look at the case of Khokan v Nirjhor (Re Costs) [2024] EWHC 1873 (KB) whereby the Defendant sought to vary their costs budget after the Claimant’s claim had been struck out. Background … Continue reading

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What circumstances allow departure from an approved costs budget?

What circumstances allow departure from an approved costs budget? It has been a couple of months since Charlene Turner and Helen Spalding attended the annual #SCILed2024 conference in Birmingham, but I thought it would be a good time to delve in to the “costs questions” box, and share another question that we received at the… Continue reading

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Does your retainer limit your recovery (more than you intended)?

Deductions: Shortfall and Success Fees Does your retainer limit your recovery? It is common practice for firms to have a carefully thought out template CFA retainer that they use on all cases (where appropriate, of course). These my be documents which have been so carefully considered that they only need updating with the requisite case… Continue reading

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CPR Updates for October 2024

CPR Updates for October 2024 Back in May we reported on the CPRC open meeting and the likelihood that the lower value clinical negligence fixed costs rules would not be ready for October 2024 implementation. The rules needed to be signed off at the June 2024 meeting and the subsequent minutes showed that this had,… Continue reading

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What do the 2024 Guideline hourly rates mean for you?

Towards the end of 2023 Master of the Rolls Sir Geoffrey Vos made good on his intention of increasing Guideline Hourly Rates by the rate of inflation.

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Who can sign costs pleadings?

Who can sign costs pleadings? There is sometimes a bit of confusion over who can certify the various different costs documents. The confusion no doubt arises because the rules are slightly different depending on which document you are dealing with. With that in mind we thought it would be useful to set out the rules… Continue reading

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Fixed recoverable costs and clinical negligence claims – Why is there a “20% rule” in respect of vulnerability already in the CPR, if FRC don’t currently apply to Clinical Negligence Claims?

When Charlene Turner and Helen Spalding attended #SCILed2024, they took our new “costs questions” box along with them and there were three which we were asked which really stood out to us as being something we thought some of our readers may also be interested in. Charlene deals with the first one of them looks… Continue reading

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Refuse to mediate at your own Peril!

In the case of Northamber PLC -v- Genee World Ltd & Ors [2024] EWCA Civ 428 the Court of Appeal reinforced the cost implications of a party’s refusal to mediate. The Court of Appeal were asked to consider, amongst other things, whether the Trial Judge had failed to consider that the Claimant had proposed mediation… Continue reading

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Detailed Assessment – Tips from the front line

Introduction A Detailed Assessment hearing is the last resort when it comes to attempting to negotiate costs between the parties at the conclusion of the case. In most circumstances a Detailed Assessment hearing is required when there is a fundamental disagreement between the parties in respect of the costs which cannot be compromised or resolved… Continue reading

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A Summary – Civil Procedure Rules Committee (Open Meeting May 2024)

The CPRC held their annual open meeting online via teams on 10 May. The online format has been in place for the last few years and offers a really easy and accessible way to gain an insight into the work of the committee and to ask questions. This year’s meeting was of particular interest from… Continue reading

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How to… Make a Part 36

Part 36 offers are made on a ‘without prejudice save as to costs’ basis. This means the Court is not made aware of a Part 36 offer until after costs have been assessed, but before it has made an order in relation to the Costs of Assessment (costs of costs). Part 36 offers can also… Continue reading

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Recovering costs in respect of MDT Meetings

Costs of attending MDT meetings and liaising with case managers and deputies are recoverable in principle following the appeal in Hadley v Przybylo The original decision in Hadley v Przybylo was reported last year and arose from a costs budgeting dispute. Master McCloud found that the costs of a fee earner attending rehabilitation case management… Continue reading

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When is a delay to vary a Cost Budget fatal? It ultimately depends on significant development

Yelland v Space Engineering Services Ltd [2023] EWHC 2823 (KB) Introduction The introduction of formal procedure to vary cost budgets in October 2020 was heralded as a common sense and natural extension to the cost budgeting rules. It introduced rules and the Precedent T that would offer all parties more clarity and a standardized approach… Continue reading

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Are the costs of applying for Court Fee Remission recoverable from the paying party?

As long as such costs remain reasonable and proportionate then they should be capable of being recovered in full. In the case of Gibbs v King’s College NHS Foundation Trust (11/11/21) the Court commented that the costs associated with making an application for Fee Remission are recoverable between the parties. This is also an issue… Continue reading

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The £1 Question and the QOCS Protection Puzzle

The case of Clark & Ors v Adams & Anor [2024] EWHC 62 (KB), involved three Claimants who suffered injuries in bombing incidents attributed to the Provisional Irish Republican Army (PIRA). The Claimants sought damages against Mr. Gerry Adams and the PIRA, alleging his involvement as a leading member of the organization. The claim, commenced in… Continue reading

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How to…Detailed Assessment Hearings and the World of Provisional Assessment

The journey through Detailed Assessment proceedings involves several crucial stages, each contributing to the fair and accurate determination of costs. In this blog, we explore CPR 47.14, shedding light on Detailed Assessment hearings, and CPR 47.15, which looks at Provisional Assessment. Commencement of Detailed Assessment Hearings (Rule 47.14): The receiving party must file a request… Continue reading

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Keeping it Real (istic) – Costs Budgeting

Keeping it Real (istic) The recent case of Reid v Wye Valley NHS Trust & Anor (2023) EWHC 2843 (KB) proves a very important read and provides some further important guidance for anyone faced with the task of both preparing and negotiating a Costs Budget. Arising as a result of a Clinical Negligence claim with… Continue reading

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How to… Navigating Detailed Assessment

Detailed Assessment proceedings are a critical phase in legal matters, ensuring that costs are fairly and accurately determined. Understanding the rules governing the commencement of costs proceedings and the consequences of delay is essential for those who hope to maximise their recovery of costs and who wish to avoid the Courts wrath! Having a valid… Continue reading

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Fixed Costs and Part 36: Unpacking Bosley -v- Wheatcroft

Costs cases involving Part 36 and their interplay with Fixed Costs seem to be a semi-regular occurrence. One such recent case is that of Bosley -v- Wheatcroft, heard in the County Court at Nottingham on 8th November 2023 whereby the receiving party sought to argue exceptional circumstances. The case originated following the Claimant sustaining injuries… Continue reading

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Poor drafting results in 62 hours for Letter of Claim being SLASHED

Here we look at the judgment in the matter of HD v Northern Devon Healthcare NHS Trust [2023] EWHC 2118 (SCCO) which delves into the detailed scrutiny that each item claimed in a Bill of Costs can undergo in the Detailed Assessment process. The judgment raised the issue as to what material needed to be… Continue reading

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New Guideline Hourly Rates – January 2024

The 1 January 2024 saw the increase of guideline hourly rates and the table below details these (old rates in brackets): Grade Fee earner London 1 London 2 London 3 National 1 National 2 A Solicitors and legal executives with over eight years’ experience £546 (£512) £398 (£373) £301 (£282) £278 (£261) £272 (£255) B Solicitors… Continue reading

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A Review of 2023

This time last year, I wrote about our Litigation Department growing, seeing clients, attending conferences, and the consultations regarding Fixed Recoverable Costs. And to be honest, these very same topics were on my radar when I was thinking about the past 12 months. The department this year has seen some very important arrivals! Caroline and… Continue reading

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Kristmas message – A look forward to 2024

December is always a time of quiet reflection on what has been and a time to look forward to what could be. It is beyond doubt that 2023 has seen one of the most significant changes in the legal profession for a while with the implementation of the extension of the Fixed Recoverable Costs regime.… Continue reading

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Changes in Eligibility for Court Fee Remission!

Court Fee remission continues to be a common issue raised by the Defendant during costs negotiations – the Defendant’s position being; if you have not sought remission, we are not offering anything for the Court Fee! Whilst it is always in a receiving party’s interest to apply for remission, it is also important to keep… Continue reading

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There will be no mercy for getting your CFA incorrect…

In early October, the Court of Appeal handed down a costly warning on the importance of ensuring a Conditional Fee Agreement is compliant with relevant legislation. An abrupt lesson which was at the mercy of Diag Human SE & Anor v Volterra Fietta (Re Assessment Under Part III Solicitors Act 1974) [2023] EWCA Civ 1107. Volterra Fietta,… Continue reading

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Maximising Costs allowed under the extended FRC regime

On 1st October the foreshadowed extension of the Fixed Recoverable Costs regime came into effect, ushered in with a significant overhaul of the Civil Procedure Rules. The rules have introduced the concept of Fixed Recoverable Costs (FRC) into a significantly wider range of cases, with the amounts to be recoverable set out in tables in… Continue reading

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