The defendant costs specialists

Posts made in January, 2012

Listing fee payable once only

By on Jan 25, 2012 | 1 comment

I mentioned the other day the fact that the court hearing fee is refundable in whole or in part where a matter settles a certain number of days before the hearing. I am grateful to Murray Heining for reminding me of the other schoolboy error to watch out for. This is the fact that the listing fee, and therefore also the hearing fee, is payable once only in the same proceedings. This is the case even where there has been a split trial ordered on liability and quantum. This may not stop certain courts from asking for the fee twice but, if a claimant is silly enough to pay again, that is no reason to recover two sets of fees on...

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Costs law update from 4 New Square

By on Jan 24, 2012 | 0 comments

The Costs Law Articles Archive section of Legal Costs Central has been updated with the latest Costs Update written by Nicholas Bacon QC, Roger Mallalieu and Daniel Saoul from 4 New Square chambers.  This includes coverage of legal aid reform, the Trafigura litigation and Part 36 offers.  Thanks to 4 New...

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VAT on legal costs

By on Jan 23, 2012 | 9 comments

I stumbled across another law costs drafting firm’s blog the other day (they’re all at it now) which said: “VAT is an elective decision and thus again should you wish to charge VAT at 20% throughout on matters where a CFA has been used the decision is practice by practice and not determined by years where the VAT was actually at a different rate.” I beg to differ. It is extremely rare in CFA cases that the solicitor has any right to election. This is because of something called the indemnity principle. What do the terms of the CFA allow the solicitor to charge the client in respect of VAT? If the solicitor has a CFA that incorporates the standard Law Society wording the following clause will apply: “We add VAT, at the rate (now [………]%) that applies when the work is done, to the total of the basic charges and success fee.” The solicitor is contractually limited as to what they can charge (the rate in force when the work was done). Not that the indemnity principle stops certain law costs draftsmen claiming whatever they think they can get away with… [Gibbs Wyatt Stone now recruiting. Visit:...

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No blame, no worry: there's still a claim

By on Jan 20, 2012 | 1 comment

I don’t even begin to understand what message this advert is meant to convey. [youtube]YHbNunk0xVY[/youtube] (If you receive the Legal Costs Blog via email you made need to adjust your security settings or visit the Blog online to view the video.)

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The perfect CV

By on Jan 19, 2012 | 0 comments

I’ve just came across the website of a legal recruitment firm that has a section on tips for CVs. This included: “CV should consider [sic] of the following: … Do check your CV for spelling and grammar errors. One error on your CV will often hinder your...

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