Discontinuing or settling a claim? Lawyers Beware – No. 5 Chambers

‘Thinking of discontinuing, or settling a claim? This 21-page Judgment (admonishment) provides some important guidance on the dos and don’ts, particularly the don’ts.’

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No. 5 Chambers, 19th June 2020

Source: www.no5.com

Success Fee Recoverability in 1975 Act Claims: Re H [2020] EWHC 1134 (Fam) – Pallant Chambers

‘The general rule in civil litigation is that costs “follow the event”. In an article I wrote for the special issue of Civil Justice Quarterly on Civil Litigation Costs, Vol. 32 pages 109-312 Issue 2 2013, I discussed the negative impact that this rule can have on access to justice: not only is the losing party hit with two bills rather than one, but the losing party has no direct control over the costs incurred by the successful party.’

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Pallant Chambers, 26th June 2020

Source: www.pallantchambers.co.uk

Claimant loses all costs after assessment misconduct – Litigation Futures

Posted June 22nd, 2020 in civil procedure rules, costs, fees, law firms, news, sanctions, solicitors by sally

‘A claimant has lost all of his remaining entitlement to costs because of misconduct during the assessment process.’

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Litigation Futures, 19th June 2020

Source: www.litigationfutures.com

Firm’s £13k legal bill ‘requires explanation’, rules costs judge – Law Society’s Gazette

Posted June 18th, 2020 in accounts, costs, fees, news, solicitors by sally

‘A senior costs judge has ruled that a client should be allowed a closer analysis of 14 invoices issued by her solicitors over the course of a year.’

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Law Society's Gazette, 16th June 2020

Source: www.lawgazette.co.uk

The price of an unreasonable refusal to engage: ADR, Litigation and cost consequences – 3PB

‘The touchstone of all ADR procedures is that parties enter into them voluntarily. However, there is an increasing body of case law in the English courts that suggests mediation should be seriously considered:

a. before litigation is entered into. Failure to do so may result in adverse or impacted
costs for a client, even if successful; and

b. in the course of litigation (instigated by the parties and increasingly with court
directions) an unreasonable refusal of a request to mediate may have bearing on
Part 36 offers and costs.

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3PB, 8th June 2020

Source: www.3pb.co.uk

M v M – more than just costs by Nick Power – Broadway House Chambers

‘The recent flurry of legal observers commenting on the eye-watering and disproportionate costs incurred in this case such that out of £630,000 liquid capital, £594,000 had been spent on costs has justifiably attracted much attention. There is however, within this case, an incredibly helpful analysis for practitioners as to when, and in what manner, the court can have regard to family support which may be available in the future for the parties.’

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Broadway House Chambers, 10th June 2020

Source: broadwayhouse.co.uk

Legal regulators cool on the idea of being abolished – Legal Futures

‘Legal regulators have reacted coolly to the recommendation of Professor Stephen Mayson that they be replaced by a single organisation, arguing instead the case for specialism.’

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Legal Futures, 12th June 2020

Source: www.legalfutures.co.uk

MEF v St George’s Healthcare NHS Trust – No. 5 Chambers

Posted June 11th, 2020 in birth, costs, hospitals, negligence, news, personal injuries, time limits by sally

‘Mr Justice Morris dismissed the Defendant’s appeal seeking to overturn Master Rowley’s decision that a Calderbank Offer without a time limit was capable of being accepted two days into a detailed assessment hearing.’

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No. 5 Chambers, 8th June 2020

Source: www.no5.com

Success fees in 1975 Act claims: SH v NH [2020] EWHC 1134 – New Square Chambers

Posted June 10th, 2020 in chambers articles, costs, families, fees, news, solicitors, wills by sally

‘The Family Division has determined that a claimant’s success fee should be awarded to her as part of her award under the Inheritance (Provision for Family and Dependants) Act 1975.’

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New Square Chambers, June 2020

Source: www.newsquarechambers.co.uk

NHS Resolution expands mediation panel – Litigation Futures

‘NHS Resolution has added one provider to its mediation panel following what it said was a “highly competitive retender” process that saw the existing three reappointed.’

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Litigation Futures, 9th June 2020

Source: www.litigationfutures.com

QC’s £1.5m brief fee for nine months’ work “reasonable” – Litigation Futures

Posted June 9th, 2020 in barristers, costs, fees, news, queen's counsel by sally

‘The Senior Costs Judge has approved a £1.5m brief fee for a leading QC who worked on a “titanic” commercial dispute almost exclusively for nine months.’

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Litigation Futures, 8th June 2020

Source: www.litigationfutures.com

Fixed Costs: The Impact of Contributory Negligence on Trial Advocacy Fees – No. 5 Chambers

Posted June 2nd, 2020 in civil procedure rules, contribution, costs, negligence, news, road traffic by sally

‘CPR 45.29C sets out the amount of fixed costs payable in Fast Track claims where a claim no longer continues under the RTA Protocol. Where a claim is disposed of at trial, costs of £2,655.00 are payable, alongside 20% of the damages agreed or awarded and the relevant trial advocacy fee. The protocol for EL/PL claims works in a similar way. It is trite that where the claim settles at Court on the day listed for trial, the advocacy fee is still payable.’

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No. 5 Chambers, 18th May 2020

Source: www.no5.com

1COR Quarterly Medical Law Review – Spring 2020 – Issue 5 – 1 Crown Office Row

‘Welcome to the fifth issue of the Quarterly Medical Law Review, brought to you by the barristers at 1 Crown Office Row.’

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1 Crown Office Row, 15th May 2020

Source: www.1cor.com

Costs settlement offer didn’t end at the door of the court, High Court rules – Law Society’s Gazette

Posted May 27th, 2020 in costs, news, time limits by sally

‘The High Court has ruled that a costs settlement offer did not lapse when the detailed assessment had started – and the claimant was entitled to accept it mid-hearing.’

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Law Society's Gazette, 26th May 2020

Source: www.lawgazette.co.uk

Losing in CAT “not enough” for costs order against regulator – Litigation Futures

Posted May 27th, 2020 in competition, costs, medicines, news, tribunals by sally

‘The starting point in the Competition Appeal Tribunal (CAT) is that no order for costs should be made against an unsuccessful regulator acting purely in its regulatory capacity, the Court of Appeal has ruled.’

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Litigation Futures, 26th May 2020

Source: www.litigationfutures.com

Call for review of regulator costs in unsuccessful prosecutions – Legal Futures

‘The Law Commission should review whether regulators such as the Solicitors Regulation Authority (SRA) should be insulated from costs orders in disciplinary actions they lose, a Court of Appeal judge has suggested.’

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Legal Futures, 26th May 2020

Source: www.legalfutures.co.uk

Rule committee urged to review disbursements in fixed-cost cases – Litigation Futures

‘The Supreme Court has called on the Civil Procedure Rules Committee to review the issue of whether disbursements should be payable separately in fixed-cost personal injury cases.’

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Litigation Futures, 21st May 2020

Source: www.litigationfutures.com

CFA Uplifts in Inheritance Act Claims: recent developments – St John’s Buildings

Posted May 19th, 2020 in costs, fees, news, probate by sally

‘Conditional fee agreements have been a facet of contentious probate and estates litigation for many years and are, in many cases, the only realistic way for disappointed beneficiaries to fund litigation. This is particularly true of claims under the Inheritance (Provision for Family and Dependants) Act 1975.’

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St John's Buildings, May 2020

Source: stjohnsbuildings.com

CFA Costs Allowed in second 1975 Act Claim – Parklane Plowden Chambers

Posted May 18th, 2020 in chambers articles, costs, families, news, part 36 offers by sally

‘Re H (Deceased), SH v NH and KH [2020] EWHC 1134 (Fam) was a claim under the Inheritance (Provision for Family and Dependants) Act 1975 heard on 24 April and 24 May 2020 before Cohen J. The successful adult claimant was awarded a contribution of 25% to her CFA uplift by Cohen J as part of her claim. Re H was a case heard hot on the heels of Bullock v Denton in which the successful adult claimant in a 1975 Act claim was also awarded a cost contribution as part of her award.’

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Parklane Plowden Chambers, 12th May 2020

Source: www.parklaneplowden.co.uk

Successful defendant penalised in costs for ADR failure – Litigation Futures

Posted May 15th, 2020 in costs, dispute resolution, indemnities, news by sally

‘The High Court has penalised a successful party for refusing to engage in alternative dispute resolution (ADR), saying it had brought the litigation on itself as a result.’

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Litigation Futures, 14th May 2020

Source: www.litigationfutures.com