30 results
The liability of a litigation friend for costs: Glover v Barker in the Court of Appeal
On 21 August 2020 the Court of Appeal handed down judgment in Glover v Barker [2020] EWCA Civ 1112, overturning the decision of Morgan J. in Barker v Confiànce Ltd [2019] EWHC 1401 (Ch) and giving comprehensive guidance as to the circumstances in which a defendant’s litigation friend might be liable more...
Solicitors’ Guideline Hourly Rates to go up?
The Civil Justice Council is undertaking a review of the Solicitors’ Guideline Hourly Rates. Given that they have been unchanged since 2010, this presumably can only result in an increase in hourly rates for solicitors whose costs are being summarily assessed. A sub-committee has been set up to more...
QWOCS does not trump set off – for now
Qualified one-way costs shifting (QWOCS) gives a personal injury claimant protection from paying the defendant’s costs to the extent that those costs exceed any damages and interest awarded. But what if a costs order has been made during the proceedings in favour of the defendant. Can the defendant more...
Relief From Sanctions - A Sense of Perspective
In Parham Khandanpour -v- Colin Chambers [2019] EWCA Civ 570 the Court of Appeal considered the question of appropriation of payments made by a debtor and relief from sanctions. Judgment was obtained, and damages of £6,874 awarded, for unlawful eviction and breach of covenant, following a fast track more...
22 Feb 2019 09:24
Part 36’s self-contained procedural code continues to attract some discretionCosts lawyer specialist Stephen Goodfellow of No5 Barristers’ Chambers highlights a continuing theme of limited discretion in interpreting CPR 36, in recent case law. Although Part 36 is viewed as a ‘highly-prescriptive’ self-contained procedural code, as stated in Gibbons V Manchester CC [2010] more...
20 Feb 2019 16:09
Liability insurers’ exposure to s51 non-party costs orders: Various Claimants v. AIG (Europe) Limited [2019] EWHC 34 (QB)In what circumstances is a liability insurer, standing behind a defendant to litigation, vulnerable to a non-party costs order in the claimant’s favour under section 51 of the Senior Courts Act 1981? In May of 2018, the Court of Appeal considered that question in respect of a standard product more...
19 Feb 2019 12:16
Interim and Default Costs Certificates: how to get them and how to set them asideThis article on Default Costs Certificates and Interim Costs Certificates supplements another article on payments on account of costs . In that article I explained the procedure by which a successful party who is awarded costs in litigation may obtain a payment on account of costs under CPR 44.2(8 more...
15 Feb 2019 10:29
Civil Litigation – ProportionalityIn this month's DEDICATED - The Legal Secretary Journal our course tutor, Seamus Ryan discusses the topic of Proportionality in Civil Litigation. Ever since the concept of proportionality was introduced to legal costs as part of the Woolf reforms in 1999 the courts and legal practitioners have more...
14 Feb 2019 17:04
Employment barrister Matthew Curtis secures permission to appeal against costs order3PB barrister Matthew Curtis, appearing before the President of the EAT, Mr Justice Choudhury, successfully obtained permission to appeal against a costs order made by an employment tribunal after the appeal was initially refused at the sift stage. The President said he was “very grateful” for the more...
22 Jan 2019 16:08
Part 36 offers: should I make a Part 36 or a different type of settlement offer? Practical Tips from 4 New SquareHannah Daly and Stephen Innes of 4 New Square consider the pros and cons of different types of settlement offers, following a decision on claimants’ Part 36 offers in JLE v Warrington & Halton Hospitals NHS. We are often asked by professional and lay clients to advise on making settlement offers. more...
22 Jan 2019 08:59
2018 – A year in CostsIn 2017, four members of our 4 New Square Costs Team set themselves a challenge to come up with a calendar of key costs decisions in the last year. 1 per month, 100 words max per case. So here, back by popular demand, is our calendar of 2018 in costs. January Dial Partners LLP v Eastern Airways more...
21 Jan 2019 11:07
Cost Consequences of Accepting a Part 36 Offer late
in former RTA and EL/PL Protocol Claims – Hislop
v Perde [2018] EWCA Civ 1726I. INTRODUCTION 1. In the joined cases of Hislop v Perde and Kaur v Committee (for the time being) of Ramgarhia Board Leicester [2018] EWCA Civ 1726, the Court of Appeal considered the question of the correct approach to costs in cases falling under the fixed costs regime in CPR Part 45 Section IIIA more...
4 Dec 2018 10:09
Solicitors’ BillsThe court of appeal’s decision in Slade (t/a Richard Slade And Company) v Boodia & Anor [2018] EWCA Civ 2667 is good news for solicitors but potentially not so good for their clients. Introduction: Consider the client of a solicitor who has agreed within the retainer to have interim statute bills more...
28 Nov 2018 16:17
Richard Slade & Co v Boodia: Court of Appeal rules in favour of solicitors’ practice on billingBENJAMIN FOWLER | 28 Nov 2018 Yesterday, the Court of Appeal handed down judgment in Richard Slade & Co v Boodia [2018] EWCA Civ 2667, resolving much of the confusion and concern that had fomented around the now reversed High Court decision and the issue of interim statute bills generally. more...
28 Nov 2018 11:33
What to expect if your claim is defendedSo, you have an unpaid invoice, you’ve issued legal proceedings, and your debtor has defended the claim. What happens next? You are now in the hands of the courts, which can be a worrying time if you are not used to dealing with the court. The unknown is the issue here. If you know the process and more...
27 Nov 2018 14:01
Costs Budgeting process appeal upheldAn appeal over the process of Costs Budgeting has been upheld bringing into question the practice of ‘parking off’ hourly rates to detailed assessment. Paul Joseph, counsel at No5 Barristers’ Chambers, has highlighted the case of Derrick Offei Agyemang Yirenkyi v Ministry of Defence (2018). The more...
Statutory Charge: Care Costs and Human Rights Act Applications
This is a short note following the further guidance in this area set down by Northamptonshire County Council & Anor v The Lord Chancellor (via the Legal Aid Agency) [2018] EWHC 1628 (Fam) (05 June 2018). http://www.bailii.org/ew/cases/EWHC/Fam/2018/1628.html and the Legal Aid Agency position: http:/ more...
15 Oct 2018 16:21
Underpayment of court fees and applications to strike out or reallocate: was Lewis and others v Ward Hadaway a storm in a teacup?This blog considers the development of the law since the case of Lewis and others v Ward Hadaway (a firm) in 2015, when the defendant tried to strike out a claim on the basis of the underpayment of court fees by the claimants. It will consider whether there is any recent trend of applying the case more...
15 Oct 2018 08:42
Are the days of the Arkin cap numbered?The Arkin cap has come to be seen as increasingly unfashionable, and a forthcoming hearing may provide some indication of the prospects of it being consigned to the back of the wardrobe of history, according to Stephen Innes of 4 New Square (https:// verycivilbarrister.co.uk). Where a claim backed more...
14 Sep 2018 10:35
Another upside to costs budgeting? Orders for interim payments on account of costs.Clare Dixon of 4 New Square looks at the impact which costs budgeting has had on interim payments on account of costs and explains why, when an indemnity costs order is made, the budget won’t necessarily be a ceiling to recovery. Victory having been secured in litigation, attention often then turns more...
Showing 1 - 20 of 30