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Legal Costs Blog

Legal Costs Blog

Legal Costs Blog

Unlawful DBAs and PACCAR

The decision in PACCAR Inc & Ors, R (on the application of) v Competition Appeal Tribunal & Ors [2023] UKSC 28 has left many third party funders scrabbling around looking for a solution to keep their business models intact. The Supreme Court ruled that litigation funding agreements (LFAs) whereby the third party ...
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Fixed costs and the indemnity principle

The indemnity principle does not apply in relation to fixed recoverable costs (as per Butt v Nizami [2006] EWHC 159 (QB)). This has become increasingly important with the extension of fixed recoverable costs from 1 October 2023. In the past, the importance of this was often in the context of ...
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Inaccurate costs estimates

The decision of Senior Costs Judge Gordon-Saker in Kenton v Slee Blackwell PLC [2023] EWHC 2613 (SCCO) is another warning as to the dangers of failing to give proper costs estimates. The client had entered into a Conditional Fee Agreement with their solicitors. In advance of entering into the agreement, ...
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Fixed recoverable costs, capped costs and litigants in person

The major extension of Fixed Recoverable Costs has left two areas where the recoverable costs are capped rather than fixed: For non-personal injury cases suitable for the Intermediate Track which settle “from pre-issue up to and including the date of service of the defence” (CPR 45.50(3)). Cases where the receiving ...
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Costs Podcast with Alex Hutton KC

Podcost discussing a broad range of current topics including the introduction of fixed recoverable costs, the latest challenges to funding models presented by the PACCAR decision, the influence of guideline hourly rates on detailed assessments and whether there is any appetite for reform of the Solicitors Act, with costs counsel ...
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Do solicitors need to time record with fixed recoverable costs?

The Government’s report Extending Fixed Recoverable Costs in Civil Cases noted one of the benefits of extending fixed recoverable costs, including applying a fixed % uplift on the fixed costs if a party succeeds on a Part 36 offer (rather than allowing indemnity costs), was that this would avoid the ...
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Fixed Recoverable Costs transitional provisions

The transitional provisions concerning the new rules relating to Fixed Recoverable Costs appear to contain a fairly obvious and significant drafting error. s1(1) of The Civil Procedure (Amendment No. 2) Rules 2023 provides: “These Rules may be cited as the Civil Procedure (Amendment No. 2) Rules 2023 and come into ...
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Severance and unenforceable Conditional Fee Agreements

If a conditional fee agreement (CFA) is found to be unenforceable, can the solicitors: Sever the offending provisions from the CFA such as to leave the balance of the agreement enforceable? Can the solicitors nevertheless recover costs on a quantum meruit basis? If the solicitors have received payments on account, ...
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Fixed recoverable costs and DBAs

With the very large extension of fixed recoverable costs for civil litigation from 1 October 2023, many solicitors will be considering whether their charges to their client should mirror the amount of the fixed recoverable costs (perhaps with a success fee if the matter is being dealt with on a ...
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Fixed Recoverable Costs webinar

Webinar on the implementation in October 2023 of the new Fixed Recoverable Costs scheme from Paul Hughes and Andrew Hogan at Kings Chambers.  
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Damages Based Agreements and consumer protection

The Damages Based Agreements Regulations 2013 provide for a maximum percentage (by way of fees) that may be taken from the sums recovered by the client (25% for personal injury and 50% for other claims) for claims or proceedings at first instance. The maximum percentage is clearly designed to provide ...
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Podcast on Damages Based Agreements

Very interesting podcast on the decision in PACCAR Inc & Ors, R (on the application of) v Competition Appeal Tribunal & Ors [2023] UKSC 28 concerning Damages Based Agreements presented by costs counsel Simon Teasdale.  
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Disclosure of experts’ fee notes

PD 47 para.5.2(c) requires a party commencing detailed assessment proceedings to serve with the Bill of Costs “copies of the fee notes of … any expert in respect of fees claimed in the bill”. Many solicitors use medical agencies to obtain medical reports.  The invoices provided by such agencies rarely ...
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Cost of obtaining medical records

Friston on Costs (Fourth Edition) does not just deal with the big ticket items. In relation to medical records, the historical position is set out: “Prior to 25 May 2018, the Data Protection Act 1998 created a qualified right of access to medical records. Delegated legislation made under that Act ...
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Friston on Costs – Fourth Edition – Book review

The new Fourth Edition of Friston on Costs has now been published. In what must be one of the biggest shocks to the world of costs in recent years, the new edition has dramatically shrunk in size. It is noticeably thinner and lighter. However, this is little more than an ...
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Senior Courts Costs Office Guide 2023

The 2023 version of the Senior Court Costs Office Guide is now available.
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Costs and group litigation seminar

Costs seminar from Andrew Hogan and Erica Bedford on costs and litigation funding as they apply to class actions, group litigation and representative actions including retainers, litigation funding, costs budgeting and capping, costs orders and detailed assessment.
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Friston on Costs discount

The new edition of Friston on Costs is now available to buy.  (Review to follow.) Complete this very short and fun quiz to secure a big discount on the standard price: Friston on Costs Quiz (pointerpro.com).
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Can one judge make a costs order and a different judge undertake the summary assessment?

The case of Isah, R (On the Application Of) v Secretary of State for the Home Department [2023] EWCA Civ 268 concerned: “the issue of whether a judge is permitted to order costs to be summarily assessed in a different court by a different judge or whether a summary assessment ...
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