Legal Costs

The Civil Justice Committee Working Group on Technical Aspects of Jackson Implementation has published its initial paper on possible options for implementing changes to proportionality, Part 36 Offers and Qualified One-way Costs Shifting. Rachel Rothwell, writing in the Gazette, described the working group as “comprising some of the most talented and experienced practitioners in the […]

The Legal Aid, Sentencing and Punishment of Offenders Bill, implementing the Jackson reforms, has cleared the Commons and will now go to the House of Lords. Lord Justice Jackson, in a written lecture, said: “Lawyers leave no stone unturned when it comes to arguing about costs” I think this is something of a generalisation. I

Just received email from costs drafting recruitment agency for costs lawyer who “has successfully maintained a record of achieving 100% success in court cases over a 16 year period”. Is this something to shout about? Discuss.

Even a stopped clock tells the correct time twice a day. And so it has come to pass that even I have turned out to be correct on a couple of occasions. Back in June, reporting in the Solicitors Journal on Master Hurst’s preliminary ruling on proportionality in Motto v Trafigura Ltd [2011] EWHC 90201

Bill of costs states: “Prior to entering into the CFA, the matter was privately funded.” So, no claim the CFA is retrospective in nature. Quick visit to the solicitors’ website which states, under the heading “How much will making a claim cost me?”: “Absolutely nothing, and that’s guaranteed!” Also, in clear and unambiguous wording: “free

Richard Langley, writing in the Solicitors Journal, commenting on costs management records: Courts have always grappled with how to manage cases and had a variety of tools at their disposal for this purpose. In 1595, the Master of the Rolls decided in one chancery case that the pleading, at 120 pages long, was eight times

If the Legal Costs Blog has seemed a bit quiet lately that is because I’ve been off sick with some kind of cold/flu virus for the best part of the last four weeks. To suggest I’m now a bit behind with work would be an understatement. With all the recent costs developments, I’ve now got

I’m grateful to Kerry Underwood for the, possibly, apocryphal story of the solicitor’s bill that contained the following entry: “To crossing the road to say ‘Hello’ to you and to crossing back again when I realised that it was not you.”    

Court of Appeal judgment in Motto & Others v Trafigura [2011] EWCA Civ 1150 out.  Summary of leading judgment: “i) Proportionality: I would allow the defendants’ appeal, and would hold that it follows that any item on the Bill is only to be allowed if it was necessary; ii) Vetting costs: I agree with the

A further definition from The (Alternative) Legal Costs Dictionary: Risk assessment n. document that identifies the litigation risks of the case which is prepared prior to there being sufficient evidence available to identify the litigation risks of the case. A document carefully and methodically drafted to suggest a level of risk such as, if it