Legal Cost Specialists
The costs subcommittee of the Civil Procedure Rule Committee (CPRC) is apparently due to consider whether it should be possible to make Part 36 offers in relation to the costs of detailed assessment. This follows the recent decision of Master Leonard in Best v Luton & Dunstable Hospital NHS Foundation Trust [2021] EWHC B2 (Costs) […]
As far back as 2005, Lord Justice Brooke observed in Black v Pastouna & Anor [2005] EWCA Civ 1389 that: “It is incumbent on those advising parties appearing before this, or any, court to take all the steps they can in accordance with CPR Rules 1.1 and 1.3 to reduce the cost of the proceedings.
Cost of travelling to conferences Read More »
The wheels of justice turn slowly at the best of times but one would hope the regulatory authorities would act with a degree of alacrity. Many readers will recall the case of GSD Law Ltd v Wardman & Ors [2017] EWCA Civ 2144. This case concerned a number of personal injury claims where GSD Law
Another one bites the dust Read More »
The decision in Belsner v Cam Legal Services Ltd [2020] EWHC 2755 (QB) will have sent a shiver down the spine of many claimant solicitors in the personal injury field, although the decision may well have wider implications. The case concerned a solicitor/own client assessment. The underlying matter concerned a low value RTA being pursued
Belsner v Cam Legal Services Ltd Read More »
Last week in Marbrow v Sharpes Garden Services Ltd [2020] EWHC B26 (Costs) (10 July 2020) the Senior Costs Judge Master Gordon-Saker handed down a reserved judgment in relation to three discreet issues where I acted for the Defendant paying party. None of the issues were novel, but they are ones that have continued to
Recovery of interest paid on disbursement funding loan Read More »
Can a “Calderbank” offer made during the course of detailed assessment proceedings be accepted by a receiving party after the detailed assessment hearing has commenced and once it has become clear that the receiving party will ultimately recover less than the amount of the offer? Yes, ruled Mr Justice Morris in MEF v St George’s
Accepting offer after detailed assessment has commenced Read More »
Guidance on remote costs hearings has now been produced. This has apparently been produced by a group of costs professionals with the support of the regional costs bench. It has been met with approval by the costs judges at the Senior Courts Costs Office. The guidance can be found on the Association of Costs Lawyer’s
Guidance on remote costs hearings Read More »
PD 47 para.5.1 requires an electronic bill of costs for any work undertaken after 6 April 2018 where the claim is a Part 7 multi-track claim. The Practice Direction contains no sanction for failing to comply with this requirement. CPR 44.11 provides: “(1) The court may make an order under this rule where
Failure to serve electronic bill of costs Read More »
I had anticipated that the case of Culliford & Anor v Thorpe [2018] EWHC 2532 (Ch) would be the last word we would hear on the subject of interim payments for costs. In that case the court had to decide whether it had the power to order an interim costs payment after the original costs order
Interim costs payment following acceptance of Part 36 offer Read More »
The Legal Costs Blog keeps being pulled back to the issue of the timing of orders for interim payments of costs between the parties.The current wording of the relevant rules is to be found at CPR 44.2(8): “Where the court orders a party to pay costs subject to detailed assessment, it will order that party
Timing of payments on account Read More »