Legal Costs

The other day I commented on the fact the amended costs rules do not appear to have a transitional provision concerning the removal of Part 47.19 offers. I am therefore grateful to Dominic Swallow for pointing out that this is actually tucked away in the Transitional Provisions to the Civil Procedure (Amendment) Rules 2013 at

From 1st April 2013, Part 36 offers apply to detailed assessment proceedings. A receiving party who makes a Part 36 offer that is not beaten at assessment (provisional or detailed) is entitled to a 10% uplift on the costs awarded. Many claimant solicitors will be rubbing their hands in anticipation. Whoa there cowboy. Costs belong

The new civil procedure rules, regulations, etc appear to have more transitional provisions than there are grains of sand in the Sahara. Understanding not just the rules but also the relevant transitional provisions is crucial. (See for example how the transitional provisions treat the new proportionality test.) Offers in detailed assessment proceedings are currently governed

Part 44.12A Costs Only Proceedings is one of the costs rules that, after some initial teething problems, works very well. That hasn’t stopped the rules committee deciding to tinker. It’s not remotely clear why. Gone is the old CPR 44.12A(2): “Either party to the agreement may start proceedings under this rule…” Why? Does this mean

The May 2010 edition of Costs Lawyer magazine reported the chairman of the Association of Law Costs Draftsmen’s (as it then was) view that: “Mr Stark is convinced that Associate and Fellow levels need to be abolished, so that there are either students or costs lawyers. He does, however, appreciate that this change is going

Members of the Association of Costs Lawyers have received an invitation from His Honour Judge Simon Brown QC for their comments or observations upon costs management and its mechanics under the pilot scheme under PD 51G. This pilot runs until 31 March 2013 and a final report will be published on 26 March 2013. Costs

When the new costs rules were first published the relevant transitional provision concerning the new proportionality test read: “Paragraphs (2)(a) and (5) do not apply in relation to cases commenced before 1 April 2013 and in relation to such cases, rule 44.4(2)(a) as it was in force immediately before 1 April 2013 will apply instead.”

From 1 April 2013 we have a new proportionality test (although it will not apply to work undertaken before that date). New CPR 44.3(2): “Where the amount of costs is to be assessed on the standard basis, the court will— (a) only allow costs which are proportionate to the matters in issue. Costs which are

I mentioned the other day the new test for relief from sanctions applications and suggested this is intended to be a much tougher test. One reader disagreed on the basis that: “Aren’t the words here: ‘the court will consider all the circumstances of the case’ the most important. I can’t see in practice how this