Legal Cost Specialists
The Court of Appeal’s decision in Hadley v Przybylo [2024] EWCA Civ 250 is something of a curiosity. It overturned the earlier decision of Master McCloud who had decided, as a matter of principle, a fee earner’s attendance at rehabilitation case management meetings was an irrecoverable cost in the litigation. The claimant’s representatives hailed the […]
Costs of attendance at rehabilitation case management meetings Read More »
In a recent speech, the Master of the Rolls suggested that the day may soon come when lawyers may be negligent if they fail to use generative artificial intelligence. Costs Counsel Andrew Hogan has been writing some interesting blog posts about the use of ChatGPT and shown some impressive looking content that it is able
I must be hallucinating Read More »
Where the court orders a payment on account of costs, can that order be enforced? At this stage, the costs themselves have not yet been assessed. All that has been ordered is an interim amount until the actual amount due is determined. The note at 70.1.3 of the White Book 2023 suggests enforcement is not
Can you enforce an order for an interim costs payment on account? Read More »
CPR 45.4 governs the costs payable to a litigant in person where it is a matter which would otherwise be subject to fixed recoverable costs (i.e. costs under Section VI, Section VII or Section VIII of Part 45). In this situation, costs will be paid according to CPR 46.5 with certain variations: Where a party
Litigants in person and fixed recoverable costs Read More »
I have previously written about the discrepancy between the Fixed Recoverable Costs a claimant and a defendant may recover for the same period. This is as a consequence of a combination of CPR 45.45(1)(a)(iv), CPR 45.50(2)(b)(iv) CPR 45.6(2) and (3). A claimant’s costs are set by reference to the damages agreed/awarded. That is what CPR
Defendant’s fixed costs when Part 36 offer accepted late Read More »
Acceptance of a Part 36 offer creates a deemed order for costs. Right? Not necessarily. So far as relevant: CPR 44.9 “(1) Subject to paragraph (2), where a right to costs arises under – … (b) rule 36.13(1) or (2) (claimant’s entitlement to costs where a Part 36 offer is accepted); … a costs order
Fixed costs and deemed orders for costs Read More »
The transitional provisions concerning the new fixed costs regime are less than straightforward to follow, not least because of the defective drafting. When struggling to follow something like this, I like to try to visualise it with, if possible, a flowchart. This is what I have attempted here. To be clear, this is what I
Transitional provisions for fixed costs Read More »
Costs webinar from Kings Chambers’ Andrew Hogan and Craig Ralph discussing current issues in personal injury costs including fixed costs, hourly rates, medical agency fees and developments in QOCS.
Personal Injury Costs Webinar 2024 Read More »
Are parties free to contract out of Fixed Recoverable Costs (FRC) if a case would otherwise be subject to the regime? As currently drafted, it appears not. CPR 45.1(3) states: “Where— a claim is one to which Section IV, Section VI, Section VII or Section VIII of this Part applies; and the parties agree or
Contracting out of fixed recoverable costs Read More »
There was a recent article in the online Costs Lawyer Journal concerning the new Fixed Recoverable Costs regime and how it applies to cases involving non-personal injury claims, specifically those that settle pre-issue but after 1 October 2023. The article records how some defendants are apparently arguing “that, absent an agreement to pay specific costs,
Defendants arguing fixed costs do not apply Read More »