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.

All
Litigation
Private Client
General

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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