Legal Cost Specialists
The transitional provisions concerning the new rules relating to Fixed Recoverable Costs appear to contain a fairly obvious and significant drafting error. s1(1) of The Civil Procedure (Amendment No. 2) Rules 2023 provides: “These Rules may be cited as the Civil Procedure (Amendment No. 2) Rules 2023 and come into force on 1st October 2023, […]
Fixed Recoverable Costs transitional provisions Read More »
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
Severance and unenforceable Conditional Fee Agreements Read More »
With the very large extension of fixed recoverable costs for civil litigation from 1 October 2023, many solicitors will be considering whether their charges to their client should mirror the amount of the fixed recoverable costs (perhaps with a success fee if the matter is being dealt with on a CFA basis). An interesting issue
Fixed recoverable costs and DBAs Read More »
Webinar on the implementation in October 2023 of the new Fixed Recoverable Costs scheme from Paul Hughes and Andrew Hogan at Kings Chambers.
Fixed Recoverable Costs webinar Read More »
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,
Damages Based Agreements and consumer protection Read More »
Very interesting podcast on the decision in PACCAR Inc & Ors, R (on the application of) v Competition Appeal Tribunal & Ors [2023] UKSC 28 concerning Damages Based Agreements presented by costs counsel Simon Teasdale.
Podcast on Damages Based Agreements Read More »
PD 47 para.5.2(c) requires a party commencing detailed assessment proceedings to serve with the Bill of Costs “copies of the fee notes of … any expert in respect of fees claimed in the bill”. Many solicitors use medical agencies to obtain medical reports. The invoices provided by such agencies rarely provide any breakdown between the
Disclosure of experts’ fee notes Read More »
Friston on Costs (Fourth Edition) does not just deal with the big ticket items. In relation to medical records, the historical position is set out: “Prior to 25 May 2018, the Data Protection Act 1998 created a qualified right of access to medical records. Delegated legislation made under that Act limited the fee that could
Cost of obtaining medical records Read More »
The new Fourth Edition of Friston on Costs has now been published. In what must be one of the biggest shocks to the world of costs in recent years, the new edition has dramatically shrunk in size. It is noticeably thinner and lighter. However, this is little more than an optical illusion. Although the page
Friston on Costs – Fourth Edition – Book review Read More »
The 2023 version of the Senior Court Costs Office Guide is now available.
Senior Courts Costs Office Guide 2023 Read More »