The defendant costs specialists

Posts Tagged "Gibbs Wyatt Stone"

Expert Witness

By on Dec 30, 2008 | 0 comments

GWS partner Simon Gibbs acted as an expert witness in the field of the legal costs industry in the case of Andrew Reid v Capita Group. The case recently settled on confidential terms.

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15th Annual Solicitors Costs Conference

By on Dec 11, 2008 | 0 comments

We are pleased to be able to announce that Simon Gibbs of GWS as been invited for the second year running to be a speaker at the prestigious CLT Annual Solicitors Costs Conference. He will be speaking on the subject of “Personal Injury – The New Claims Process”. The event will be held on 30th January 2009 in London. For a copy of the Conference Brochure use this link: Brochure. We are able to arrange a 20% discount on the normal delegate fees to any of our clients. Please contact us if you would like to take advantage of this...

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New Appointment – Emily Fraser

By on Oct 14, 2008 | 0 comments

We are delighted to announce that Emily Fraser has joined GWS. She was called to the Bar in 2005 and was previously Costs Advocate with Legal Costs Negotiators Ltd. Emily has a strong background in dealing with technical costs matters and a broad range of advocacy experience, particularly in high value claims including clinical negligence matters. She represents a significant addition to the GWS...

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Idiot-proof CFAs – tested to destruction by idiots

By on Aug 19, 2008 | 0 comments

Since the CFA Regulations 2000 were revoked, on 1st November 2005, it should now be virtually impossible to enter into a defective CFA. Generally the only requirements for a CFA to be valid are that it is in writing and the success fee does not exceed 100%. GWS were recently instructed to advise in relation to a claim funded by a post-November 2005 CFA. The agreement followed standard wording but the space in the document where the amount of the success fee was to be inserted had been left blank. Notwithstanding this, the Claimant’s solicitors initially claimed a success fee of 25%, this being an EL claim to which fixed success fees apply. The Claimant’s solicitors conceded the success fee at an early stage but maintained the claim for the balance of their costs. GWS advised the Defendant that the CFA was defective because it is a requirement of s58(4)(b) of the Courts and Legal Services Act 1990 for a CFA which provides for a success fee to state the level of the success fee. It was clear from the CFA in question that it was indeed intended to provide for a success fee, but that amount had simply not been inserted. GWS drafted a detailed skeleton argument in support of the argument that the CFA was invalid and this was served on the other side. In due course the Claimant’s solicitors conceded that the CFA was indeed defective and dropped their claim for costs entirely. Clearly the new CFA regime is still too onerous for some claimant lawyers. How soon before we hear demands for further simplification? Quite how much more simple it can get is hard to...

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