Those of us who work in the legal costs world have countless stories of last minute costs settlements where the other side crumbles at the last moment. In fairness, both claimants and defendants are probably equally to blame. Naturally, the closer a matter gets to a final hearing the more it focuses the parties’ minds. […]
Lord Justice Jackson’s Preliminary Report on Civil Litigation Costs seriously considers whether the current two-way costs shifting rules should continue. He writes: “The first possible modification would be to introduce one-way cost shifting. One-way cost shifting means that when the defendant loses, he pays the claimant’s costs; when the claimant loses, each side bears its
Jackson Costs Review – Part 3 – Cost Shifting Read More »
Lord Justice Jackson’s Preliminary Report on Civil Litigation Costs is, in general, careful to avoid reaching any final conclusions or making any firm recommendations. However, even from a cursory reading, it seems all but inevitable that the final report will recommend the introduction of fixed fees to all stages of fast track claims. Jackson LJ
Jackson Costs Review – Part 2 – Fixed Fees Read More »
Lord Justice Jackson’s Preliminary Report on Civil Litigation Costs was published on 8 May 2009. I did not immediately rush to comment on this report for three reasons: The Report runs to almost 700 pages plus appendices and takes some reading. Given the importance of this report to the future of the legal costs system
Jackson Costs Review – Part 1 – Introduction Read More »
Costs draftsmen and other costs professionals are currently living through an interesting period (or possibly that should read “worrying period”). The Legal Costs Division of recruitment agency Adept Recruitment have been sending out marketing literature reporting: “As the 2nd Quarter of 2009 draws to a close we continue to see high levels of Legal Costs
Costs draftsmen – Good times or bad? Read More »
In previous posts I have been commenting on the proposed new claims process and the problems that arise as to what the relationship will be between the proposed new staged fixed fees under the new claims process and the existing fixed predictable costs (CPR 45.7-45.14). This problem is beginning to look more acute as time
Legal costs uncertainty continues for costs draftsmen and lawyers Read More »
Although The Legal Costs Blog is unashamedly defendant biased, and always ready to have a go at claimant lawyers, even we were somewhat taken back by the attack launched on claimant clinical negligence lawyers in yesterday’s Sunday Times. One article was headed “Lawyers use NHS as £100m cash cow” and another “Lawyers get m0re than
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 »
In a previous posting I reported some good news for personal injury lawyers and, in due course, law costs draftsmen and other costs professionals in the announcement that clinical negligence claims were predicted to increase. Similar good news comes in a survey conducted by legal recruiters ASA, carried out among law firms. Only 18% expected
Good news for costs draftsmen and costs consultants Read More »
One of the more unfortunate costs provisions in the CPR is the general presumption that the receiving party is entitled to the costs of the detailed assessment proceedings. This encourages some receiving parties to submit inflated and unrealistic bills and, unless the paying party makes an offer that they consider puts them at real risk,
Offers to settle costs Read More »
