Legal Cost Specialists
The extension of Fixed Recoverable Costs sets the level of recoverable costs for both claimants and defendants. Where the claimant wins, the claimant’s costs are set by reference to the damages as agreed/awarded (see CPR 45.45(1)(a)(iv) and CPR 45.50(2)(b)(iv)). It is the settlement value which is determinative. The position is very different when the defendant
Defendant’s Fixed Recoverable Costs Read More »
There is no doubt that the rules allow a court on detailed assessment to limit a party’s recoverable costs to those that would have been applicable to a particular track even if the matter settled pre-allocation. That is what CPR 46.13(3) expressly provides for: “Where the court is assessing costs on the standard basis of
Fixed Costs where settlement pre-assignment to Complexity Band Read More »
One of the likely future battlegrounds arising from the extension of Fixed Recoverable Costs is the issue of what complexity band a matter should be assigned to. The natural assumption is that claimants will seek to have matters assigned to higher complexity bands (where the recoverable costs will be higher), whereas defendants will seek to
Fixed Recoverable Costs – Complexity Bands Read More »
A recent post commented on problems with the drafting of the transitional provisions concerning Fixed Recoverable Costs. The latest Minutes from the Civil Procedure Rules Committee recognises this issue: “It was NOTED that a recent article had given rise to a concern in relation to the transitional provisions within the amending statutory instrument (SI) and
Transitional provisions for non-PI Fixed Recoverable Costs Read More »
Costs webinar from Kings Chambers’ Andrew Hogan and Kevin Latham on clinical negligence costs including hourly rates, budgeting, the use of ADR/mediation and fixed costs.
Costs webinar on clinical negligence costs Read More »
The Master of the Rolls has approved new guideline hourly rates to come into force from 1 January 2024 and thereafter to be uplifted annually by the Services Producer Price Index. Grade Fee earner London 1 London 2 London 3 National 1 National 2 A Solicitors and legal executives with over 8 years’ experience £546 (£512) £398 (£373)
2024 Guideline Hourly Rates Read More »
The latest twist in the long running saga of AB v Secretary of State for Justice [2023] EWHC 72 (KB) (and X v The Transcription Agency LLP & Anor [2023] EWHC 1092 (KB)) is that AB/X, who previously benefited from an anonymity order, has been revealed as high profile solicitor advocate Robin Makin, of Liverpool
Liverpool solicitor Robin Makin named as ‘AB/X’ in anonymity case Read More »
The decision in PACCAR Inc & Ors, R (on the application of) v Competition Appeal Tribunal & Ors [2023] UKSC 28 has left many third party funders scrabbling around looking for a solution to keep their business models intact. The Supreme Court ruled that litigation funding agreements (LFAs) whereby the third party funder took a percentage of
Unlawful DBAs and PACCAR Read More »
The indemnity principle does not apply in relation to fixed recoverable costs (as per Butt v Nizami [2006] EWHC 159 (QB)). This has become increasingly important with the extension of fixed recoverable costs from 1 October 2023. In the past, the importance of this was often in the context of considering whether there was an
Fixed costs and the indemnity principle Read More »
The decision of Senior Costs Judge Gordon-Saker in Kenton v Slee Blackwell PLC [2023] EWHC 2613 (SCCO) is another warning as to the dangers of failing to give proper costs estimates. The client had entered into a Conditional Fee Agreement with their solicitors. In advance of entering into the agreement, the solicitors had provided the
Inaccurate costs estimates Read More »