May 2012

The new proportionality test, due to come into force in April 2013, has now been formally unveiled in a speech by Lord Neuberger: “44.4(5) Costs incurred are proportionate if they bear a reasonable relationship to: (a) the sums in issue in the proceedings; (b) the value of any non-monetary relief in issue in the proceedings; […]

I mentioned the other day the case of Faidi v Elliott Corporation [2012] EWCA Civ 287 and the failure of the parties to consider mediation in a dispute over a wooden floor. Dominic Regan, writing in the New Law Journal, had this to say: “The Court of Appeal was not impressed and declared that there

Lord Justice Jackson, in Faidi & Anor v Elliot Corporation [2012] EWCA Civ 287, commenting on the failure of the parties to engage in mediation over a claim concerning a dispute over wooden floorboards: “As it is, neither side wrote to the other proposing mediation until shortly before the hearing in the Court of Appeal.

Light hearted satire and a comprehensive history of maintenance and champerty. BBC comedy at its best: Tom Wrigglesworth’s Open Letters: Compensation Culture

A new proportionality test is shortly to be announced, which will come into force in April 2013. Will it be retrospective? Or rather, will the rules committee remember to draft transitional provisions to deal with this?

I have a modest proposal. When serving fee notes and invoices for disbursements in support of a bill of costs, order these in the same order as they appear in the bill. Secondly, given all items in a bill should be numbered, write the number of the item on the top corner of the invoice

Another absolutely cracking Association of Costs Lawyers Annual Costs Conference last week. Speakers included (and this is a non-exhaustive list): His Honour Simon Brown QC, Jeremy Morgan QC, Andrew Post QC, Simon Browne QC, Nicholas Bacon QC and Professor Dominic Regan. Those on the panel session on Saturday: Master Campbell, Master Gordon-Saker, Master Haworth, Regional

Excellent, and scathing, article from Dominic Regan in the New Law Journal on the botching of the implementation of the Jackson Reforms. In addition to criticism of the fact that fixed costs for the fast-track will not happen next year (although see yesterday’s post), he expresses concerns as to the new proportionality test. Although it

We are finally starting to see a bit of stability and certainty returning to the personal injury and legal costs world. Obviously, I am joking. Those responsible for running the RTA portal recently told the Ministry of Justice that it would take 11 months to amend the portal to encompass RTA claims worth up to

Article from June 2009 Solicitors Journal discussing Lord Justice Jackson’s Preliminary Report (what care free and happy times), whether a case that proceeds to summary assessment is to be treated as having settled at “trial” for the purposes of the fixed success fee regime and the issue of disclosure of CFAs (an issue that never