The defendant costs specialists

Posts made in November, 2011

Jackson moves closer

By on Nov 23, 2011 | 0 comments

Implementation of the Jackson costs reforms has moved a step closer with the Legal Aid Sentencing and Punishment of Offenders Bill passing its second reading in the House of Lords, despite 51 of the 54 members who rose to speak criticising the bill. However little time was spent debating the civil costs reforms and this increasingly looks like a done...

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Costs Law Articles Archive Update

By on Nov 21, 2011 | 0 comments

The Costs Law Articles Archive section of Legal Costs Central has been updated with a couple of articles from 2006 dealing with CFA challenges from the height of the costs wars.  Thanks to Kings Chambers. Click image to enlarge:  ...

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Pessimistic lawyers

By on Nov 14, 2011 | 0 comments

A recent survey by a legal recruitment consultancy reported: “When asked to rate their confidence in the jobs’ market on a scale ranging from 10 (very optimistic) to -10 (very pessimistic), the average score for lawyers was -7.8.” It was not reported as to whether any law costs draftsmen or costs lawyers had taken part or what their average scores...

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Success fee cap problems

By on Nov 11, 2011 | 14 comments

Barrister Andrew Crouch, writing in Solicitors Journal Bar Focus supplement highlights an interesting problem that will apply equally to barristers and solicitors post-Jackson concerning the operation of the proposed 25% success fee cap based on general damages and past losses: “lawyers in the post-Jackson reform world are also going to have to get used to asking their successful clients to pay them their success fees from their general damages (enhanced by ten per cent) and past losses. If the matter goes to court, such calculations should cause little difficulty, but surely it is only a matter of time, in a case that settles, before there is a dispute between a lawyer and his client as to the proportion of general damages and past or future losses in the sum agreed and the sum on which the lawyer is entitled to claim his success fee” As to the related problem that I have raised in the past of whether the 25% cap includes or excludes VAT, Lord Justice Jackson has confirmed that in his view the 25% figure should include VAT. This means legal representatives will actually recover only 20.83%. Jackson LJ does not seem to have commented on whether the 25% cap (or rather 20.83%) should be split between the solicitor and barrister (or barristers) where both are...

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Simple costs reform

By on Nov 10, 2011 | 0 comments

Lord Justice Jackson’s recent paper for the Civil Justice Council Workshop on “Technical Aspects of Implementation” opens with the quote: “Cultivate simplicity, Coleridge” The footnote advises this comes from Charles Lamb’s advice to Samuel Taylor Coleridge in 1796. Nice to see a CH link slipped in....

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