KNOWLEDGE HUB

NEWS AND INSIGHTS 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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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

23rd January 2024

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

16th January 2024

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

9th January 2024

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 New Guideline Hourly Rates – January 2024

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