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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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
7th December 2023
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 A Review of 2023
7th December 2023
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 Kristmas message – A look forward to 2024
23rd November 2023
HARDSHIP CASES
A hardship case occurs when the Protected Party’s net assets are below £16,000.00 at the time when the Deputyship Anniversary passes. In cases like this, it is not appropriate for the Deputy to have their costs assessed and are limited to take a fixed fee of 4.5% (plus VAT) of the value of the Protected… Continue reading HARDSHIP CASES
9th November 2023
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 Changes in Eligibility for Court Fee Remission!
9th November 2023
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 There will be no mercy for getting your CFA incorrect…
11th October 2023
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 Maximising Costs allowed under the extended FRC regime
2nd October 2023
FLEXIBLE WORKING
I joined Paramount Legal Costs in July 2022, as a Senior Law Costs Draftsperson, as I wanted to focus on my specialism which is Court of Protection Costs, an area that I have worked in for the last 8 years. I was looking forward to joining a new team and getting to know new clients,… Continue reading FLEXIBLE WORKING
5th September 2023
What a Relief ……. from Sanctions (CPR 3.14)
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)
5th September 2023
The importance of monitoring and warning the client of budget overspend
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
5th September 2023
Pre-Inquest Review Costs
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
5th September 2023
You CAN recover Interpreter Fees in Fixed Costs case
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
1st August 2023
Is a Deputy personally liable for outstanding WIP?
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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