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Traditionally, the law has avoided applying hindsight when assessing the reasonableness of legal costs that have been incurred. However, when dealing with the issue of proportionality, hindsight has had a tendency to creep in.  If a matter settles for, say, £100,000, the issue of proportionality at detailed assessment has tended to be viewed in light […]

Watching the implementation process of the Jackson reforms has often been like witnessing a slow-motion car crash.  It has certainly been in slow-motion, with his original report being published all the way back in May 2009 and his final report being published in December 2009, but with elements still to be introduced and practitioners and

During the heyday of the costs negotiating industry, the Association of Law Costs Draftsmen, as it was, held discussions with a number of the major costs negotiating firms to explore the idea of employees of those firms joining the Association.  This was back at the height of the costs wars and before the introduction of

“May you live in interesting times” – Ancient Chinese curse Lord Justice Jackson has been appointed to look at options to extend fixed recoverable costs much more widely.  He has until 31 July 2017 to complete the review.  The review has been agreed with the government “and will inform its public consultation on proposed reforms,

There have been two decisions in quick succession from the Court of Appeal in relation to the operation of the various fixed fee regimes. Bird v Acorn Group Ltd [2016] EWCA Civ 1096 was a public liability claim that was withdrawn from the portal due to the defendant’s failure to respond.  Liability was admitted by

The Costs Lawyer Standards Board has just issued a new client survey form.  Costs Lawyers are asked to print and issue to clients: “(i) Now for current clients; (ii) With your client care letter for new clients going forward; (iii) Once an instruction has completed (by way of reminder)”. A copy of the form can

There is a firm of costs solicitors whose website states, as one of the reasons to instruct them to deal with costs budgeting: “As a firm of solicitors, all of our advocates have rights of audience at CCMCs, something which costs draftsmen and costs lawyers who are not employed by solicitors do not.” It is

Costs budgeting is currently one of the great failures of the Jackson reforms, despite the ever hopeful views expressed by some members of the judiciary.  Many explanations can be given but the comments made by Mr Justice Stuart-Smith in his keynote speech at the Costs Law Reports Conference 2016 are revealing: “the expectation of Jackson

It is obvious that all those involved in civil litigation need to understand the operation of the “without prejudice” rule, be they insurance claims handlers, paralegals, solicitors, costs lawyers, etc. The recent decision of Chief Master Marsh in Ravenscroft v Canal & River Trust [2016] EWHC 2282 (Ch) considered whether an exception to this rule

Those hoping that the fallout from Brexit would kick any further costs reforms into the long grass are likely to be disappointed. The government has announced: “More needs to be done to control the costs of civil cases so they are proportionate to the case, and legal costs are more certain from the start. Building