You wait ages for an interesting legal costs decision from the Court of Appeal and then two come along together. Both cases concerned a similar issue as to the extent of a costs judge’s discretion to limit costs in a manner that appears to go beyond a strict reading of the final costs order. […]
Court of Appeal Legal Costs Judgments Read More »
I acted in a detailed assessment recently where the Claimant had failed to serve a statement of reasons in respect of the success fee in accordance with CPD 32.5(3) when serving the bill of costs and notice of commencement. The appropriate statement was subsequently served. It was argued for the Defendant that the failure to
Middleton v Vosper Thornecroft (UK) Ltd Read More »
Where a claimant has picked up one or more costs orders in its favour on the way to a trial, but fails very badly at the trial (for example due to exaggeration), can the costs judge assess those costs at nil on the footing that they were not, as it turned out, reasonably incurred because
Business Environment Bow Lane Ltd v Deanwater Estates Ltd Read More »
The recent case of Ahmed v Aventis Pharma Ltd [2009] EWHC 9052 (Costs) dealt with two small issues but both ones of interest. Firstly, following the decision in Crane v Canons Leisure Ltd [2007 EWCA Civ 1352, where solicitors outsourced the job of sorting and summarising medical records they could treat this work as forming
Ahmed v Aventis Pharma Ltd Read More »
Under the old Conditional Fee Agreement Regulations 2000 a solicitor had a duty, before entering into a CFA, to inform the client “whether the legal representative considers that the client’s risk of incurring liability for costs in respect of the proceedings to which agreement relates is insured against under an existing contract of insurance” (Regulation 4(2)(c)).
Regulation 4(2)(c) lives on Read More »
Under the, now revoked, CFA Regulations 2000 there was a duty to advise a client whether the legal representative considered that the client was insured under an existing contract of insurance (BTE) before the CFA was entered into (Regulation 4(2)(c)). Failure to do this would render the CFA invalid. Since the Court of Appeal decision
Tranter v Hansons (Wordsley) Ltd – Duty to investigate BTE Read More »
Many years ago, when I was studying for my law degree, I was told never to simply rely on the headnote of a law report, but to read the judgment in full. This was for two reasons. Firstly, it was often only by reading the full judgment would one properly understand the decision and the
Cole v News Group – The unread judgment Read More »
