Tip of the month

January 30, 2020

Before embarking on enforcement issues ensure that you have scope for enforcement within the funding certificate.

Court of Appeal rules that Part 36 offers excluding interest are not valid

January 30, 2020

It was ruled by three Court of Appeal Judges last month that making a Part 36 settlement offer exclusive of interest would result in the offer  being non-compliant with Civil Procedure rules. For further information click here

Translation company hit by costs recovery ruling

January 30, 2020

Lord Justice Coulson upheld the appeal by the defendant in Aldred v Cham to deny the recovery of disbursements for work that did not fall within the fixed recoverable costs regime. For further information click here

Tip of the month

November 28, 2019

Ensure that your Terms of Business contain a clause that your client may have to pay costs greater than those recovered from the other party following a successful costs order. If there is no such clause, there exists a risk that those costs that fall as unrecoverable cannot be claimed from your client, leaving you with the shortfall.

Solicitor’s claim for £150,000 interim costs denied in the High Court

November 28, 2019

Master Cook, in the High Court, said that the application failed to address the relevant issues and was supported by only one paragraph in the solicitor’s witness statement in the clinical negligence case. A checklist was laid down for anyone making a similar application. For further information click here

Court fee disallowed as disbursement by District Judge

November 28, 2019

A court fee was disallowed in the County Court after a District Judge ruled that the (£455) fee was not a reasonably incurred disbursement and was therefore not recoverable. For more information click here

Tip of the month

October 30, 2019

Remember to bear proportionality in mind, take a step back and review costs regularly. Always give consideration as to whether the costs being incurred will be justifiable in terms of the money at stake or the issues to be addressed at the conclusion of the matter.

No fixed cost agreement on low-value clinical negligence cases

October 30, 2019

The Civil Justice Council working group has been unable to agree fixed recoverable costs for clinical negligence claims worth up to £25,000 after more than 18 months of trying. The group has however proposed changes to pre-issue claims handling in order to promote settlements. For more information click here

Judge calls for review after allowing hourly fee of £786

October 30, 2019

A High Court Judge allowed the successful defendant solicitors to recover up to £46,000 in costs with rates far in excess of the Senior Courts Costs Office guideline rate. Mrs Justice O’Farrell said that prescribed rates fixed in 2010 were “not helpful” in determining reasonable rates in 2019 adding that updated guideline rates would be “very welcome”. For more information click here

Tip of the month

September 25, 2019

Always try your best to not only record the time you have spent on a file, but provide an adequate explanation outlining any issues of complexity or any unusual circumstances that will help to justify the claim for costs on assessment.