‘Video and phone hearings are set to become a permanent feature of the Senior Courts Costs Office (SCCO) even after the coronavirus pandemic has passed, the Senior Costs Judge has said.’
Litigation Futures, 30th July 2020
Source: www.litigationfutures.com
‘In this case the “court” in question is the Parole Board. The inverted commas are because one of the issues is whether the Board is, in fact, a court for these purposes. Mr Gourlay is a life sentence prisoner. On 10 March 2014 the Parole Board refused to recommend that he be transferred to open conditions (almost always an essential precondition to later release). The Secretary of State usually, but does not always, accept such recommendations. Mr Gourlay challenged the Board’s refusal to make a recommendation. In accordance with a published “litigation strategy” that it has had since 2013 the Board did not engage with that challenge. That strategy takes advantage of a practice encapsulated in a case concerning coroners, R (Davies) v Birmingham Deputy Coroner [2004] 1 WLR 2739, which is that courts and tribunals will not usually be ordered to pay costs provided they have maintained a neutral stance. Mr Gourlay succeeded in his challenge, but both the High Court, and the Court of Appeal, held that Davies applied to the Board, and so Mr Gourlay did not recover his costs. This meant, amongst other things, that his lawyers were only entitled to be paid at around a quarter to a third of the rate they would have received if party-party costs had been awarded in Mr Gourlay’s favour.’
UKSC Blog, 10th July 2020
Source: ukscblog.com
‘A damages-based agreement (DBA) was not unenforceable because it obliged the client to pay incurred costs and expenses when she exercised her contractual right of termination, the High Court has ruled.’
Litigation Futures, 13th July 2020
Source: www.litigationfutures.com
‘The possibility of a detailed assessment of their costs under Section 70 of the Solicitors Act 1974 (the “Act”) is a possibility that all solicitors should be alive too. It is likely to be encountered in some sense during the course of a career and clients are becoming increasingly aware of the option. When a client changes firms it is also not uncommon for the new solicitors to advise on the prospect of a detailed assessment of the previous bills, especially if they seem high.’
Becket Chambers, 3rd July 2020
Source: becket-chambers.co.uk
‘A client who is successful in most forms of civil litigation can expect to recover some if not all their costs. Since the abolition of the Calderbank offer, it has been difficult to obtain cost orders in financial remedy litigation and the general rule is that the court will not make an order requiring one party to pay the costs of the other (FPR 28.3 (5)).’
Becket Chambers, 6th July 2020
Source: becket-chambers.co.uk
‘Dewinder Birk of No5’s Family Group has set out two cases dealing with two different aspects of experts’ costs in private children cases, but both of which highlight the robustness of the higher courts in exercising discretion in relation to costs when dealing with such matters.’
No. 5 Chambers, 1st July 2020
Source: www.no5.com
‘This was an application by several defendants to a claim for breach of contract, conspiracy, breach of confidence and patent, copyright and unregistered design right infringement for security for costs. It was heard by Mr David Stone sitting as a deputy judge of the High Court on 1 May 2020. He gave an extemporary judgment on the day of the hearing and delivered detailed reasons on 24 June 2020.’
NIPC Law, 8th July 2020
Source: nipclaw.blogspot.com
‘Ever since the well-known case of Ilott v The Blue Cross and others [2017] where an adult child was awarded £50,000 from her mother’s estate (notwithstanding their estrangement), practitioners are regularly approached by adult children in order to claim from an estranged relative’s inheritance. There is often reference to a “10% rule” based on what was awarded in Ilott.’
St Ives Chambers, 3rd July 2020
Source: www.stiveschambers.co.uk
‘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.’
No. 5 Chambers, 19th June 2020
Source: www.no5.com
‘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.’
Pallant Chambers, 26th June 2020
Source: www.pallantchambers.co.uk
‘A claimant has lost all of his remaining entitlement to costs because of misconduct during the assessment process.’
Litigation Futures, 19th June 2020
Source: www.litigationfutures.com
‘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.’
Law Society's Gazette, 16th June 2020
Source: www.lawgazette.co.uk
‘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.
3PB, 8th June 2020
Source: www.3pb.co.uk
‘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.’
Broadway House Chambers, 10th June 2020
Source: broadwayhouse.co.uk
‘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.’
No. 5 Chambers, 8th June 2020
Source: www.no5.com
‘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.’
New Square Chambers, June 2020
Source: www.newsquarechambers.co.uk
‘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.’
Litigation Futures, 9th June 2020
Source: www.litigationfutures.com
‘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.’
No. 5 Chambers, 18th May 2020
Source: www.no5.com
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