The defendant costs specialists

Posts made in December, 2012

Software for Costs Lawyers

By on Dec 24, 2012 | 1 comment

Some time ago specialist costs counsel Mark Friston recommended to me Dragon NaturallySpeaking speech recognition software. I recently got around to purchasing a copy and have to admit that for someone such as myself who is, to put it mildly, “challenged” when it comes to touch typing this is a great product. However, a word of warning. If you do any work from home this software is not ideal if you have recently acquired a small puppy. When checking my Advices, Points of Dispute and Skeleton Arguments I tend to find them peppered with phrases such as: “Take that out of your mouth this minute Scraps” “Down Scraps down I said down down I’m not going to tell you again down down no down down” “Look what you’ve just done on the carpet you bad dog” Wishing you all a Merry Christmas and prosperous post-Jackson New Year from myself, everyone at Gibbs Wyatt Stone and...

Read More

Unfair funding methods

By on Dec 21, 2012 | 0 comments

Karl Tonks, president of the Association of Personal Injury Lawyers, writing in the New law Journal on the proposed reductions to the RTA portal fixed fees: “Lawyers cannot reasonably be expected to run cases at a loss. But if implemented, the only alternative will be to turn claimants away or take legal fees from a claimant’s damages, which flies in the face of the principles of justice.” I must have missed APIL’s decade long campaign to make unlawful any funding method other than CFA...

Read More

Funding costs

By on Dec 14, 2012 | 6 comments

Quick update on the issue of how long it will take before bills of costs stop claiming for work relating to funding in light of Court of Appeal’s judgment, on 12 October 2011, in Motto & Others v Trafigura [2011] EWCA Civ 1150. The answer appears to be in excess of 14 months. I’ll keep you updated.

Read More

New proportionality test

By on Dec 12, 2012 | 5 comments

Solicitors, particularly in commercial litigation, will often inform their clients at the outset that it is unlikely there will be full cost recovery if successful and that recovery in the region of 70%-75% might be anticipated. In April 2013 the new Jackson proportionality test will be applied to costs. Where a solicitor estimates that the likely costs to bring a matter to a successful conclusion will be £100,000 but the amount at stake is only £25,000 what advice should the solicitor give as to the level of costs recovery that can be expected? Answers on a...

Read More