The Legal Costs Blog has been a bit quite over the last few days. This is because I’ve been on holiday in sunny Turkey. Indeed, I’m writing this post lying on a sun-lounger by the pool with the laptop precariously balanced on my stomach and with a drink on the table beside me with an …
Not all of the proposals contained in Lord Justice Jackson’s Review of Civil Litigation Costs require primary legislation. One of the intriguing questions is the extent to which the judiciary will quietly introduce some of his ideas. Andrew Parker, writing in the New Law Journal, said: "Anecdotally one or two County Courts are already taking …
It is not unusual for me to make offers in relation to claimants’ bills of costs that represents only a fraction of the amount claimed. However, from time to time the response I receive is not simply the inevitable one of displeasure but what appears to be a genuine reaction of incredulity. There appears to …
In legal costs it can often be the case that a judgment that is concerned with one particular issue may have unexpected relevance in another area. One example of this is the case of Roundstone Nurseries Ltd v Stephenson Holdings Ltd [2009] EWHC 1431 (TCC). The matter concerned a claim where proceedings had been issued. …
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. …
At the end of a costs presentation I recently gave to some solicitor clients I was asked if the issue of proportionality was one that still carried any weight in legal costs disputes. Given how central the issue of proportionality was meant to be when the Civil Procedure Rules were introduced, it is strange …
Does proportionality still have a role in legal costs disputes? Read More »
The, now revoked, Collective Conditional Fee Agreement Regulations 2000 state: “5. (1) Where a collective conditional fee agreement provides for a success fee the agreement must provide that, when accepting instructions in relation to any specific proceedings the legal representative must prepare and retain a written statement containing – (a) his assessment of the probability …
Most Conditional Fee Agreement (CFA) challenges follow a well-trodden path. However, occasionally a new variation arises where there is no authority directly on all fours. This happened in the recent case of Smith v Carpetright plc, heard by Regional Cost Judge Sparrow in Norwich County Court. The Claimant had entered into a CFA with Godfrey …
Lord Justice Jackson’s Preliminary Report on Civil Litigation Costs focuses on the perceived problems that have arisen in recent years in relation to legal costs: “There is no doubt that litigation over costs has increased dramatically in recent years, and that this growth is one of the driving factors behind the present review. Whilst many …
Jackson Costs Review – Part 7 – A shrinking role for costs draftsmen? Read More »
One of the more niche topics that Lord Justice Jackson’s Costs Review is examining is e-disclosure. This is a specialist area and I do not propose to comment on the issues and problems that arise. Rather, I would suggest that those readers who are interested in this topic visit The e-Disclosure Information Project website where …
