KNOWLEDGE HUB
NEWS AND INSIGHT FROM PARAMOUNT LEGAL
Explore Paramount Legal Costs' Knowledge Hub, your destination for insightful legal case law blogs. Authored by our team of experienced Legal Costs Draftpeople & Costs Lawyers, our blogs offer practical insights and expert commentary on recent court rulings and emerging legal trends.
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18th June 2024
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
28th May 2024
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)
14th May 2024
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 How to… Make a Part 36
9th May 2024
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 Recovering costs in respect of MDT Meetings
29th April 2024
Practice Direction 19B – Fixed Costs and Deputy Remuneration in the Court of Protection
When does the Practice Direction apply? This Practice Direction takes effect from 1 April 2024 and applies to matters in which the fixed costs or remuneration period, ends on or after 1 April 2024. However, if you are a Deputy allowed to charge, you should still claim rates according to the previous Practice Directions and… Continue reading Practice Direction 19B – Fixed Costs and Deputy Remuneration in the Court of Protection
15th April 2024
Interested Parties and what this means for Costs Assessments
In some cases, the Court will stipulate that the receiving party must serve a copy of the request for an assessment and any accompanying documents upon a ‘person who has a financial interest in the outcome of the assessment’, in accordance with Practice Direction 47 and Rule 47.19(3). This person can be known as an… Continue reading Interested Parties and what this means for Costs Assessments
11th April 2024
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 When is a delay to vary a Cost Budget fatal? It ultimately depends on significant development
10th April 2024
Third Party Assessments and the impact of Kenig v Thomson Snell & Passmore LLP
The Original Decision The Claimant and the Claimant’s sister were the sole beneficiaries of his late mother’s estate in this matter. The Defendant solicitors were retained by the sole executor of the will and the deceased’s brother and who played no active part in the application. There was a formal engagement letter between the executor… Continue reading Third Party Assessments and the impact of Kenig v Thomson Snell & Passmore LLP
9th April 2024
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 Are the costs of applying for Court Fee Remission recoverable from the paying party?
27th March 2024
Instructing a Specialist in Court of Protection Matters? The impact of ACC & Others [2020] EWCOP 9
In the case of ACC & Others, the Deputyship Order did not contain provisions which granted authority for the Deputy to conduct litigation proceedings.. HHJ Hilder clarified matters with regards to professional Deputies instructing solicitors from their own firm to conduct litigation on behalf of the Protected Party. HHJ Hilder explained that Deputyship Orders provided… Continue reading Instructing a Specialist in Court of Protection Matters? The impact of ACC & Others [2020] EWCOP 9
12th March 2024
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 The £1 Question and the QOCS Protection Puzzle
7th March 2024
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 How to…Detailed Assessment Hearings and the World of Provisional Assessment
28th February 2024
A Reminder of Fixed Costs within the Court of Protection
If you are professional Deputy, it is worth remembering that you can take fixed fees for certain aspects of Court of Protection work. Practice Direction 19B provides authority for the following fixed costs: Deputyship Application, which includes work up to and including the date upon which the court makes an order - £950 (plus VAT)… Continue reading A Reminder of Fixed Costs within the Court of Protection
15th February 2024
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 Keeping it Real (istic) – Costs Budgeting
8th February 2024
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 How to… Navigating Detailed Assessment
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