Author name: Simon Gibbs

Fixed costs where Defendant’s Part 36 offer accepted late

There is stiff competition as to which part of the new(ish) rules concerning Fixed Recoverable Costs (FRC) have been most poorly drafted. Nevertheless, it would be difficult to find a more confusing set of provisions than those surrounding late acceptance of a defendant’s Part 36 offer. The problems stem from the way the basic rules

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Retainer challenges under the Consumer Rights Act 2015

Interesting costs webinar from Gatehouse Chambers’ Costs and Litigation Funding Team examining the Consumer Rights Act 2015 in light of the recent decision in Glaser v Atay [2024] EWCA Civ 1111. That case determined that the Direct Access barristers’ terms did not comply with the Consumer Rights Act 2015 and that the contract was unenforceable. The barristers were not

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Transitional provisions for Fixed Recoverable Costs (again)

This blog has looked many times at the drafting error in The Civil Procedure (Amendment No. 2) Rules 2023 concerning the transitional provisions and Fixed Recoverable Costs. These state that the new rules “only apply to a claim where proceedings are issued on or after 1st October 2023”. This is despite the fact they are clearly

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