Legal Cost Specialists

Author name: Simon Gibbs

Fixed recoverable costs, capped costs and litigants in person

The major extension of Fixed Recoverable Costs has left two areas where the recoverable costs are capped rather than fixed: For non-personal injury cases suitable for the Intermediate Track which settle “from pre-issue up to and including the date of service of the defence” (CPR 45.50(3)). Cases where the receiving party is a litigant in

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Do solicitors need to time record with fixed recoverable costs?

The Government’s report Extending Fixed Recoverable Costs in Civil Cases noted one of the benefits of extending fixed recoverable costs, including applying a fixed % uplift on the fixed costs if a party succeeds on a Part 36 offer (rather than allowing indemnity costs), was that this would avoid the need for the “keeping of

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Severance and unenforceable Conditional Fee Agreements

If a conditional fee agreement (CFA) is found to be unenforceable, can the solicitors: Sever the offending provisions from the CFA such as to leave the balance of the agreement enforceable? Can the solicitors nevertheless recover costs on a quantum meruit basis? If the solicitors have received payments on account, can they retain those payments

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Damages Based Agreements and consumer protection

The Damages Based Agreements Regulations 2013 provide for a maximum percentage (by way of fees) that may be taken from the sums recovered by the client (25% for personal injury and 50% for other claims) for claims or proceedings at first instance. The maximum percentage is clearly designed to provide some form of consumer protection,

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