Tip of the month

February 26, 2019

Following the new Court Policy that came into effect November 2018 that Court orders must be drafted on the day of the order by the Family Lawyers, agreed by all parties and emailed to the clerk ‘while parties remain at court’. We advise that this is time properly spent at Court under FAS. So ensure that the timed FAS form is only signed off by the judge after the drafting procedure is completed.

LAA announces new powers to backdate funding

February 26, 2019

Following a challenge in October 2018, the LAA has announced that it will get new powers to backdate funding under legal aid certificates in urgent cases.
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Mixed response to LASPO review

February 26, 2019

The long-awaited government review of the cuts to legal aid created by the 2013 reforms has been greeted with a mixed response.

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Survey reports that solicitors continue to fail to meet costs budgets.

January 28, 2019

A survey of the Association of Costs Lawyers (ACL) has revealed that the majority of solicitors are still failing to keep within their costs constraints. To read more Click here

Costs rule for PI claim heading towards multi-track relaxed by the court.

January 28, 2019

A court has ruled that a PI claimant who had applied for re-allocation from the fast-track to the multi-track will be allowed to recover assessed rather than fixed costs, even though the defendant had settled. To read more please Click here

Court approval of 78% costs budget increase provides boost for litigators

January 2, 2019

In the High Court, Master Davison found that extra disclosure demands constituted a “significant development” in the case and approved a costs budget which had been increased by 78% to £111,811. To read more please Click here

Fixed costs pilot imminent for business courts

January 2, 2019

The fixed costs regime could take a significant step forward with the start of a two-year pilot. The Civil Procedure Rule Committee indicated that a new practice direction update is likely to be effective from 14 January extending the implementation of fixed costs.

The pilot emanates from Sir Rupert Jackson’s 2017 costs review, which recommended the roll-out of fixed costs for civil cases.

For more information Click here

Defendants nursing a heavy bill after rejecting chance to settle

November 21, 2018

Defendants who declined to settle costs in a professional negligence claim have been left with a Bill in excess of three times the original estimate. A Court of Appeal ruling by Mrs Justice May found that an error had previously been made in allowing the Defendant to escape the costs consequences of not engaging with the process by dis-applying the Part 36 regime. To read more please Click here

Defendant’s counterclaim lost in QOCS judgement

November 21, 2018

A judgement has muddied the waters on costs-shifting after a Defendant in a PI claim lost his argument in the County Court. He had initiated a counterclaim and tried to receive the costs benefit of being a Claimant, however Her Honour Judge Venn dismissed the counterclaim rejecting the submission that “proceedings”, as used in Civil Procedure Rules should be construed to give the Defendant QOCS (Qualified One-way Costs Shifting) protection. To read more please Click here

 

No restrictions on applying for Payment on Account of costs after a Costs Order has been made

October 24, 2018

In a recent case, HHJ Matthews has clarified that there is nothing in the rules stating that once an order for costs has been made and sealed, no further application can be made to the court for an order for a payment of a sum on account of those costs under CPR 44.2(8).   To read more, please Click Here