Legal Costs

In a surprise development the government is to exempt mesothelioma claims from the ending of recoverability of success fees and ATE premiums in April 2013. However, this is potentially only a temporary reprieve with Justice Minister Jonathan Djanogly announcing: “On careful reflection about the special position of mesothelioma sufferers, I can now give the House […]

CPD 4.16(5) is well known: “The cost of making copies of documents will not in general be allowed but the court may exceptionally in its discretion make an allowance for copying in unusual circumstances or where the documents copied are unusually numerous in relation to the nature of the case. Where this discretion is invoked

Schedule of costs from claimant law costs draftsmen with the added proviso: “Any error/omissions herein of any nature are excluded from any Agreement reached pursuant to this schedule”. Strangely, I’m not prepared to negotiate on that basis.

Costs lawyer writing in Costs Lawyer magazine on the approach the Legal Services Commission takes to allowances for preparing claims for costs: “Ridiculous, unrealistic, appalling and downright insulting. These are just some of the expletives that came to mind…” “Expletives”? I guess some costs lawyers have led more sheltered lives than others.

Costs Practice Direction 10.1 states: “In a case to which rule 44.3B(1)(c) or (d) applies the party in default may apply for relief from the sanction. He should do so as quickly as possible after he becomes aware of the default. An application, supported by evidence, should be made under Part 23 to a costs

Practice Direction – Pre-Action Conduct 9.3 makes clear, if there was ever any doubt, that even pre-proceedings: “Where a party enters into a funding arrangement within the meaning of rule 43.2(1)(k), that party must inform the other parties about this arrangement as soon as possible and in any event either within 7 days of entering

Contents of email received on 30th March 2012: “Please can you provide an update on the current position of our clients cost cheque in relation to this matter? Costs were agreed on 23rd March in the amount of £7,000.00 on 14 day payment terms”. Seriously?

The Costs Law Articles Archive section of Legal Costs Central has been updated with a couple of articles from 2006 dealing with failure to meditate and the Myatt v National Coal Board and Garrett v Halton Borough Council judgments.  Thanks to Kings Chambers. Click image to enlarge:   www.qccartoon.com

One of the problems with CPR 45.23 and the fixed success fee regime for EL disease claims is the Scope and Interpretation section which states it applies where: “(b) the dispute relates to a disease with which the employee is diagnosed that is alleged to have been contracted as a consequence of the employer’s alleged

One of the amendments to the Legal Aid, Sentencing and Punishment of Offenders Bill voted through by the House of Lords is that the proposal to end recovery of success fees should not apply in industrial disease claims: “Exception for industrial disease cases The changes made by sections 46, 48 and 49 of this Act