Litigation

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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?
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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?
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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!
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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
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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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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 How to… Make a Part 36
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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 Recovering costs in respect of MDT Meetings
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Costs cases involving Part 36 and their interplay with Fixed Costs seem to be a semi-regular occurrence.
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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 When is a delay to vary a Cost Budget fatal? It ultimately depends on significant development
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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 Are the costs of applying for Court Fee Remission recoverable from the paying party?
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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 The £1 Question and the QOCS Protection Puzzle
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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 How to…Detailed Assessment Hearings and the World of Provisional Assessment
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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 Keeping it Real (istic) – Costs Budgeting
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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 How to… Navigating Detailed Assessment
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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 Fixed Costs and Part 36: Unpacking Bosley -v- Wheatcroft
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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 Poor drafting results in 62 hours for Letter of Claim being SLASHED
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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 New Guideline Hourly Rates – January 2024
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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 A Review of 2023
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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 Kristmas message – A look forward to 2024
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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 Changes in Eligibility for Court Fee Remission!
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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 There will be no mercy for getting your CFA incorrect…
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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 Maximising Costs allowed under the extended FRC regime
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A second “replacement” budget was granted Relief from Sanctions - despite being filed late. A decade on from the implementation of costs budgeting; we are all by now all too familiar with CPR 3.14 and the sanction for failing to file a costs budget on time. It is widely feared that “you will be treated… Continue reading What a Relief ……. from Sanctions (CPR 3.14)
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The case of JXC v NIS [2023] EWHC 1000 (SCCO) concerned a substantial personal injury claim in which the Claimant was a protected party, having suffered catastrophic head injuries. The Court approved the terms of the settlement in March 2021 and the order provided for the Defendant to pay the Claimant’s costs on the standard… Continue reading The importance of monitoring and warning the client of budget overspend
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Clinical Negligence cases are common place among our workload in the Litigation Team, and we often see costs on a file, and therefore claimed in a Bill, associated with a Pre-Inquest Review and then the Inquest.  There has been recent judgment in relation to the former, and it is important to consider the outcome. In… Continue reading Pre-Inquest Review Costs
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This judgment stems from the case of Santiago -v- Motor Insurer Bureau [2023] EWCA Civ 838. The Claimant retained the services of an interpreter for Trial (which settled on the morning of the hearing). The DJJ in the initial instance felt constrained by the Court of Appeal decision in Cham (A Child) v Aldred [2019] EWCA… Continue reading You CAN recover Interpreter Fees in Fixed Costs case
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In the matter of Brassington -v- Knights Professional Services (t/a Knights)[2023] EWHC 1568 (Ch), the Court had to consider whether the wording within the retainer meant that the Claimant, acting as Deputy, was personally liable for outstanding WIP. The Claimant was a Partner within the Defendant’s firm and was employed as a Private Client Solicitor.… Continue reading Is a Deputy personally liable for outstanding WIP?
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In the main action of Denny v Babaee & Ors [2023] EWHC 1490 (TCC), the Claimant purchased a new build property which had been sold by the First Defendant. The Claimant contended that there were significant defects in the property causing dampness and making the property inhabitable. The Claimant’s claim was for Breach of Contract… Continue reading Indemnity Costs Order against the Defendant following failed settlement agreement.
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Arguments surrounding the provision of medical agency fees (or more accurately, the proportion of an expert fee which relates to the agency) have lingered for a considerable period of time however, it has mostly been quiet for the last couple of years. However, just like buses, you wait ages for one and then two come… Continue reading Provision of Medical Agency Fees?
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Hourly rate based questions are common in our area of work. Questions such as what is a reasonable hourly rate? How does the Court reach that conclusion? Should I be limited to Guideline Hourly Rates? The recent case of Various Claimants v News Group Newspapers Limited [2023] EWHC 827 (SCCO) shed some light in this… Continue reading Hourly Rates on Detailed Assessment

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