The defendant costs specialists

Posts made in June, 2018

Costs & Fees Encyclopaedia 2018-19

By on Jun 27, 2018 | 0 comments

The Costs & Fees Encyclopaedia continues to expand year-by-year and the 2018-19 Edition runs to 551 pages.  (It rather optimistically describes itself as “portable” and suitable for a briefcase.  It is plainly a desktop reference guide.) Pages 1-96 consist of the relevant costs provisions of the CPR and Practice Directions. Pages 97-102 provides J-Code “cheat sheets”. Pages 103-104 deals with fixed costs for solicitors and public authority deputies in Court of Protection work. Pages 105-106 contain the Guideline Hourly Rates for Summary Assessment. Pages 107-121 consist of the Civil Legal Aid (Remuneration) Rates: Extracts from the Civil Legal Aid (Remuneration) Regulations 2013. Pages 125-223 deals with Costs in Criminal Proceedings and includes: Extract from National Taxing Team Guidelines Extracts from the Criminal Legal Aid (Remuneration) Regulations 2013 Criminal Defence Service (Very High Cost Cases) (Funding) Witness Allowances in Criminal Proceedings Criminal Procedure Rules 2015, Part 45: Costs Costs Out of Central Funds Inter Partes Costs in Criminal Proceedings Practice Direction (Costs in Criminal Proceedings) 2015 Pages 225-226 includes Motor Mileage rates, VAT rates and IPT rates. Pages 229-436 covers an electric mix including: Civil Proceedings Fees Order 2008 Conditional Fee Agreements Order 2013 Consular Fees Order 2012 Coroners Allowances, Fees and Expenses Regulations 2013 Court of Protection Fees Order 2007 Crown Office Fees Order 2013 Damages-Based Agreement Regulations 2013 Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2017 Family Proceedings Fees Order 2008 First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011 First-tier Tribunal (Property Chamber) Fees Order 2013 Gender Recognition (Application Fees) Order 2006 Immigration and Nationality (Cost Recovery Fees) Regulations 2014 Immigration and Nationality (Fees) Order 2016 Immigration and Nationality (Fees) Regulations 2018 Insolvency Proceedings (Fees) Order 2016 Insolvency Practitioners and Insolvency Services Account (Fees) Order 2003 Land Charges Fees Rules 1990 Land Registration Fee Order 2013 Legal Officers (Annual Fees) Order 2017 Legal Services Act 2007 (Claims Management Complaints) (Fees) Regulations 2014 Magistrates Courts Fees Order 2008 Non-Contentious Probate Fees Order 2004 Oath Fees Order Offers to Settle in Civil Proceedings Order 2013 Public Guardian (Fees etc) Regulations 2007 Public Record Office (Fees) Regulations 2017 Supreme Court Fees Order 2009 Upper Tribunal (Lands Chamber) Fees Order 2009 Pages 451-520 contain various case summaries from Costs Law Reports divided by topic. ...

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Naming wrong defendant in CFA

By on Jun 25, 2018 | 0 comments

One of the long running battle grounds in costs litigation concerns the consequences of naming the wrong opponent in a conditional fee agreement.  Because this is ultimately a contractual issue, it remains just as relevant today as under the now revoked Conditional Fee Agreement Regulations.  Paying parties argue that no costs are recoverable where the incorrect opponent is named in the CFA.  I have argued the point both successfully (Hailey v Assurance Mutuelle des Motards) and unsuccessfully (Brierley v Prescott). In Engeham v London and Quadrant Housing Trust & Another [2015] EWCA Civ 1530 the Court of Appeal, without hearing argument on the issue, accepted that costs could not be recovered from a party different to the one named in the CFA. The Court of Appeal has now revisited the issue in Malone v Birmingham Community NHS Trust [2018] EWCA Civ 1376.  Here, the CFA stated, under the heading “What is covered by this agreement”: “All work conducted on your behalf following your instructions provided on [sic] regarding your claim against Home Office for damages for personal injury suffered in 2010.” In the event, the claim succeeded against Birmingham Community NHS Trust, rather than the Home Office.  At first instance and on the initial appeal, the Defendant successfully argued no costs were payable.  On the facts of the case, the Court of Appeal allowed the appeal.  The Court accepted that the reference to “Home Office” was descriptive of the instructions received rather than of the work to be done. It related to past instructions rather than future work. Although the Claimant was successful on the particular facts of the case, the decision does little to stop challenges in very similar situations.  The Court of Appeal’s commentary on HHJ Stewart QC’s decision in Law v Liverpool City Council [2005] EWHC 90020 (Costs) is as important as the Malone decision itself: “In that case the CFA was stated to cover: ‘Your claim against Liverpool City Council for damages for personal injury suffered on 26th March 2003’. Proceedings were brought against the Council as the occupier of the property where the injury was suffered and a defence was served. Subsequently the Council stated that the property had been transferred shortly prior to the accident to a housing...

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