Legal Cost Specialists
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 »
The history of the courts’ attempts to ensure legal costs are proportionate is a strange one. The appeal decision in May v Wavell Group Plc is no exception to that trend. To recap, Master Rowley, on a line-by-line assessment, reduced the costs claimed from £208,236.54 to £99,655.74. He then concluded that this was still disproportionate
Proportionality – May v Wavell Group appeal Read More »
The Court of Appeal has given an important judgment on the issue of the costs of provisional assessment. In W Portsmouth and Company Ltd v Lowin [2017] EWCA Civ 2172, the Court ruled that the £,1500 cap on the costs of provisional assessment continues to apply even where a party has succeeded on a Part
Cap on costs of provisional assessment Read More »
The Court of Appeal decision in BNM v MGN Ltd [2017] EWCA Civ 1767 manages to be both very important and a massive anti-climax. The decision is important because it finally resolves the issue of whether post-1 April 2013 additional liabilities are subject to the old or new proportionality test. The answer is that the old test applies
BNM v MGN Ltd – Court of Appeal decision on proportionality Read More »
In light of the problems facing ACL Training, I commented that: “It seems unlikely it can possibly continue in its current form”. Unsurprisingly, the CLSB has now announced that it is to suspend any further intake onto the current three year Costs Lawyer qualification. The CLSB “will now focus on other means of entry into
Changes to Costs Lawyer training Read More »
The negative impact of the Jackson reforms continues apace. Virtually simultaneous to the news about Just Costs, is the announcement that defendant costs firm Cost Advocates is to close at the end of the year. As an example of the rise and fall of the costs industry, Cost Advocates’ story is, perhaps, even more dramatic
More horror stories Read More »
The inevitable post-Jackson shake down continues to make itself felt across the industry. Back in December 2016, costs firm Just Costs Ltd entered into a company voluntary arrangement (CVA) due to significant debts including owing £781,758 to HM Revenue & Customs. In a statement at the time, the firm said: ‘The business has traded profitably
Jackson strikes again Read More »