The defendant costs specialists

Posts made in December, 2013

Costs budgeting tip

By on Dec 6, 2013 | 8 comments

The former chief whip Mr Mitchell is suing the Sun newspaper for reporting that he called police officers “plebs”. It has now been announced that Toby Rowland, the police officer at the centre of the row, is in turn to sue Mr Mitchell for libel, presumably on the basis that Mr Mitchell wrongly said the police officer lied as to whether he had used the word “pleb”. Note to solicitors acting for Mr Rowland: try to remember to file your costs budget at least 7 days before the first...

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End to hourly rates

By on Dec 3, 2013 | 6 comments

The Jackson reforms have led to a significant increase in fixed fees in personal injury litigation. The judiciary has already made threatening noises that if the Jackson reforms do not work it may be necessary to scrap the current hourly rates system entirely. But, who would have thought that the threat would come from within? QualitySolicitors have announced their network is to abandon hourly rates in favour of fixed fees for all their services next year, with the new model to be piloted at 15 member firms this month where they will stop charging for work by the hour for all services, including litigation. The beginning of the...

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Costs budget for pre-1 April 2013 cases

By on Dec 2, 2013 | 5 comments

The following question and answer appeared in the Judicial Line section of the recent edition of New Law Journal: Q Is there power for the court to apply the multi-track costs budget regime to pre-1 April 2013 claims? A The costs management powers in the CPR (r 3.12 et seq) only apply to multi-track cases commenced on or after 1 April 2013. However, nothing prevents a judge in the exercise of his general case management powers from ordering the filing of costs budgets if they were so minded. The order would need to expressly provide for the sanction for non-compliance. I am not sure the need for the sanction to be expressly provided for in the order is still correct in light of Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1526. In that case the claimant had failed to comply with the rule requiring the filing of the costs budget 7 days before the CMC, the pilot scheme contained no sanction, but the Court of Appeal nevertheless held that applying the sanction (costs limited to court fees) was...

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