Legal Cost Specialists
Although those working in legal costs tend to get very excited about the latest obscure technical challenge, it is the routine areas of dispute that have the greatest impact on the largest number of cases. A costs judge allowing an hourly rate of 20% more or less than anticipated will usually completely throw any offers […]
Hourly rates for personal injury work Read More »
The Costs & Fees Encyclopaedia continues to expand year-by-year and the 2018-19 Edition runs to 551 pages. (It rather optimistically describes itself as “portable” and suitable for a briefcase. It is plainly a desktop reference guide.) Pages 1-96 consist of the relevant costs provisions of the CPR and Practice Directions. Pages 97-102 provides J-Code “cheat sheets”.
Costs & Fees Encyclopaedia 2018-19 Read More »
One of the long running battle grounds in costs litigation concerns the consequences of naming the wrong opponent in a conditional fee agreement. Because this is ultimately a contractual issue, it remains just as relevant today as under the now revoked Conditional Fee Agreement Regulations. Paying parties argue that no costs are recoverable where the
Naming wrong defendant in CFA Read More »
We now have compulsory electronic bills of costs. What we do not have are up to date rules relating to service. PD 47 para.5.A4, dealing with transitional provisional provisions, makes it clear that the new electronic bill must itself must be served: “Where a bill of costs otherwise falls within paragraph 5.1(a) but work was
Serving an electronic bill of costs Read More »
The new electronic bill of costs is now upon us and it already causing confusion at the most basic level. Costs Lawyer magazine reports ACL council member Claire Green, who has paid a key role in the development of the new bill and as been running the ACL’s training courses on the new bill, warning:
Filing electronic bill of costs Read More »
Gordon Exall’s excellent Civil Litigation Brief has a post reporting the decision in Cross v Black Bull (Doncaster) Limited (Sheffield County Court) concerning the appropriate consequences of a party not serving a statement of costs at least 24 hours before a hearing. His Honour Judge Robinson summarised the issue thus: “Miss Buck who did not appear
Failure to file a Statement of Costs in advance of hearing Read More »
The new electronic bill of costs becomes mandatory from 6 April 2018. The relevant transitional provisions state that where work was done both before and after 6 April 2018, a party may serve and file either a paper bill or an electronic bill in respect of work done before that date and must serve and
Electronic Bill of Costs Read More »
The recent decision of Master Leonard in Douglas v Ministry of Justice & Anor [2018] EWHC B2 (Costs) concerned the issue of the recoverability of the costs of attending an inquest. One particular comment made during the judgment has attracted attention: “… the cost of preparing witness evidence will normally be recoverable as part of the
Premature witness statements Read More »
Two letters received from the Claimant’s solicitors, both dated 4 August 2017. The first is a Part 36 offer. The second attaches Replies and states: “We shall now be making a Request for a Detailed Assessment Hearing.” As the Part 36 offer was unacceptable in amount, I simply awaited receipt of a notice of hearing
Requesting a detailed assessment hearing Read More »
At the heart of the successful appeal in May v Wavell Group was the appeal judge’s view that, apparently, the issue of proportionality is something readily discoverable once all the relevant factors have been taken into account. He held: “the construction of the rules relating to the definition of proportionality and their application do not
Proportionality test – providing specific reasoning Read More »