July 2024

Appropriate grade of fee earner to draft witness statement

“In general, there is an expectation that the first draft of a witness statement can be undertaken by lower grade fee earners including Grade C solicitors and legal executives (and those with similar experience). This is particularly so since witness statements should, in general, be drafted in the witness’ own words. Whether and the extent […]

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Do experts need to attend conferences in person?

“Consultations/conference with experts  In some, if not many, cases these can be conducted by videolink without the need for experts to incur travel expenses or to spend time travelling. Whether allowance should be made for attendance of an expert in person is however case sensitive. It is recognised that where, for instance, liability is in

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Does costs budgeting assume dispute between experts at trial?

“The court, in general, assumes that in all cases where parties have instructed different experts there will be, and will remain up to an including trial, a dispute between the experts. If and to the extent that there is no substantial or material dispute between the experts following service of reports or joint statements this

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Is work preparing hearing and trial bundles chargeable?

“The assembling and pagination of bundles are generally to be regarded as administrative or secretarial tasks the costs of which are taken into account within the hourly rate of the fee earners involved; it is not generally separately chargeable (cf work done on preparing an index and deciding what documents should be included in a

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The cost of reviewing medical records and preparing trial bundles

“In most cases solicitors can be expected to keep a running electronic bundle of documents which can be bookmarked and added to as and when new documentation is made available. This is so even in document heavy cases (perhaps particularly so in such cases). This bundle can then be edited (and the index annotated) so

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Appropriate grade of fee earner to obtain medical records

“Typically, junior grade D fee earners are, for instance, involved in obtaining medical records from medical providers (and the substantial involvement of higher grade fee earners in this task may be unreasonable).” – from Costs Judge Simon Brown’s Note on costs budgeting in the King’s Bench involving high value personal injury claims

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