Litigation
3 CFA Retainer Mistakes That Could Cost You: Common Pitfalls and How to Avoid Them
CFA Retainer mistakes are a costly business and whilst “Retainers” is a topic as old as time, we all know, retainers are the basis for successful costs recovery; whether that be on an inter partes basis or solicitor/own client basis. However - rules change, qualification routes change, and SCCO guidance on rates change. Firms merge,… Continue reading 3 CFA Retainer Mistakes That Could Cost You: Common Pitfalls and How to Avoid Them
Civil Procedure Rules Committee – Fixed Recoverable Costs Update (May 2025 )
Each May, the Civil Procedure Rules Committee (CPRC) holds an open meeting via Teams. Whilst it’s always good to keep an eye on the monthly minutes for any upcoming changes, the annual open meeting is a great opportunity to gain a real insight into how the committee works as well as providing a forum for… Continue reading Civil Procedure Rules Committee – Fixed Recoverable Costs Update (May 2025 )
Costs Budgeting – Clampdown on unrealistic costs, or realistic costs being clamped down?
Costs Management has (by way of Precedent H’s and Costs Management Hearings) been around for over a decade now, and it is something that most Litigation claims fee earners are now familiar with. It is a regular element of the multi track claim process, and is one that should, by now, be routine in its… Continue reading Costs Budgeting – Clampdown on unrealistic costs, or realistic costs being clamped down?
Costs Budgeting Light Pilot Scheme: Key Changes for Civil Cases from April 2025
By now, many of us will no doubt have touched upon recent articles or reports confirming that the Costs Budgeting Light Pilot Schemes are being partially rolled out in an effort to bring us a simplified approach to costs budgeting in certain types of civil case in England and Wales. These pilots are intended… Continue reading Costs Budgeting Light Pilot Scheme: Key Changes for Civil Cases from April 2025
Court Approval for Success Fee Deductions: Lessons from Seth Law and the Court of Protection Ruling
Introduction to Court Approval for Success Fee Deductions A recent decision from Cost Judge Leonard has confirmed that it is important for any professional Deputy for property and finances to ensure that Court approval has been obtained before making a payment from a Protected Party’s damages in respect of a success fee or a shortfall.… Continue reading Court Approval for Success Fee Deductions: Lessons from Seth Law and the Court of Protection Ruling
How “All” Cost £13,000: Deduction from Damages in CFA Agreements – St James v Wilkin Chapman LLP [2024]
Introduction to Deduction from Damages in CFA Agreements Since the introduction of LASPO there has been an increase in the number of Solicitor/Own Client disputes which have arisen as a result of Clients challenging the Bills raised by their Solicitors for the recovery of success fees, non-recoverable ATE premiums and for shortfalls in costs… Continue reading How “All” Cost £13,000: Deduction from Damages in CFA Agreements – St James v Wilkin Chapman LLP [2024]
CPR Updates for April 2025 – Increases to the fixed costs of medical reports in soft tissue / whiplash claims
The statutory instrument for April 2025’s changes to the CPR was laid before parliament on 3 February. One costs change of note is the increase to the sums allowed for fixed cost medical reports in soft tissue and whiplash claims under CPR 45.62 (2). The new amounts are as follows : Previous amount New… Continue reading CPR Updates for April 2025 – Increases to the fixed costs of medical reports in soft tissue / whiplash claims
What are the Exemptions to Fixed Recoverable Costs?
Do you know what the exemptions to fixed recoverable costs are? The introduction of the expanded fixed recoverable costs (FRC) regime to civil litigation on 1 October 2023 marked a significant shift in the landscape of legal costs management. This article delves into the background of this reform and focuses on the exemptions within CPR… Continue reading What are the Exemptions to Fixed Recoverable Costs?
Is your Retainer fit for purpose?
It is common knowledge that the retainer is fundamentally important in the recovery of costs and it is therefore essential to ensure that your funding documentation is correct at the outset of the claim. Conditional Fee Agreements (CFA) continue to be the main method of funding civil litigation, in particular for Personal Injury/Clinical Negligence cases. … Continue reading Is your Retainer fit for purpose?
Further guidance on Medical Agency Breakdowns provided by the SCCO
The issue of medical agency fees has been rumbling on for some time now, with paying parties routinely requesting breakdowns to separate the agency element and the fees of the expert themselves. Any receiving party will know that agencies are not keen to provide those breakdowns and it can often become a sticking point… Continue reading Further guidance on Medical Agency Breakdowns provided by the SCCO
Navigating the Indemnity Principle: Protecting Your Hourly Rates
When it comes to maximising costs recovery in litigation, navigating the indemnity principle is essential. Given the increase in Guideline Hourly Rates from 1 January 2025, now is a great time to refresh yourself with the indemnity principle to ensure you do not fall foul of it later down the line. In this article, we’ll… Continue reading Navigating the Indemnity Principle: Protecting Your Hourly Rates
2025 Guideline Hourly Rates
1 January 2025 has given solicitors and practitioners a late Christmas gift. From the beginning of January, Guideline Hourly rates have increased by 3.65% in line with inflation. It is important to note that these rates are not automatically recoverable – if you wish to seek the increased rates, you must notify your Clients. Failure… Continue reading 2025 Guideline Hourly Rates
A Costsmas Wishlist
It is that time of year to get the pen and paper out, browse through the Argos catalogue and begin to prepare your Christmas list for us, it's all about our Costsmas Wishlist. I have done just that with three things that I think will be very handy as we head into Christmas and 2025.… Continue reading A Costsmas Wishlist
A Year In Review – Litigation
And just like that, another 12 months pass since I was sat in this same situation, mulling over what has happened in both the costs world, and also that of the Paramount Legal Costs’ Litigation Department. I’ll start with training, as this was actually where I ended last year’s review, so it feels apt to… Continue reading A Year In Review – Litigation
Costs Mediation – to agree or not to agree
Costs Mediation is a hot topic, and there is a real question mark over the benefits of it when it comes to costs disputes. I have dealt with costs for over 20 years, and recently attended my first costs mediation, and thought it wise to think about the pros and the cons. By way of… Continue reading Costs Mediation – to agree or not to agree
Don’t get caught out: Clear days for service
Don’t get caught out by a miscalculation of time The case of Corfield v Howard [2024] EWHC 2727 (Comm) is a timely reminder to check the timeline for filing documents at Court. HH Judge Davis-White KC was hearing an application that related to the validity of a Consent Order. The Court had made an… Continue reading Don’t get caught out: Clear days for service
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 When is your Bill deemed to be paid?
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 Excessive Costs Budget leads to a costs Order being made against the culprit!
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 Fixed Costs and the NEW Precedent U
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 The Importance of File Notes
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 Costs Budget – Another reminder of the need to be prompt to vary it!
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 What circumstances allow departure from an approved costs budget?
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 Does your retainer limit your recovery (more than you intended)?
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 CPR Updates for October 2024
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.
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 Who can sign costs pleadings?
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 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?
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 Refuse to mediate at your own Peril!
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 Detailed Assessment – Tips from the front line
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 A Summary – Civil Procedure Rules Committee (Open Meeting May 2024)
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