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Richie Rees
 

The Court of Appeal's message is clear: The rules don't say it, so proportionality doesn't apply to additional liabilities

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The Court of Appeal has ruled that additional liabilities do not fall under the 'new’ proportionality test on an assessment of costs. Handing down the judgment on 7 November the Master of the Rolls, Sir Terence Etherton, confirmed that the...

LJ Jackson's Supplemental Report: Fixed Costs & The New Intermediate Track

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Today Lord Justice Jackson has released his Supplementary Report , following the initial review of civil litigation costs back in 2009 that resulted in significant changes to the CPR in 2013. The Supplemental Report proposes further changes that intend to...

Comments on incurred costs; comparing budgets and escaping the 1%/2% limits: Chief Master Marsh's warning to judges when making Costs Management Orders

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Chief Master Marsh has provided some useful guidance to practitioners and judges when dealing with several aspects of the costs management process in the high-profile case of Sir Cliff Richard OBE -v- The BBC & Chief Constable of South Yorkshire...

London Costs Seminar - 1 February 2017

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On 1 February 2017 Paragon Costs were proud to co-host the London Costs Seminar with Guildhall Chambers. Hosted at the Law Society hall on Chancery Lane in London, the delegates heard talks on a wide range of topics covering the current climate and upcoming...

Guildhall Commercial Seminar, 19 October 2016

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Paragon Costs were proud to sponsor Guildhall Chambers’ Commercial Seminar hosted at the MShed in Bristol on Wednesday 19 October. Guildhall organised the 9th version of this popular event and attracted an impressive line-up of speakers from across the...

If in doubt, file that costs budget!!

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The Court of Appeal has provided another clear reminder that the infamous Mitchell decision on costs budgets and relief from sanctions should not be forgotten following the emergence of the Denton test. In their recent ruling in Jamadar v Bradford...

Mediation, Unreasonable Refusals and Costs Sanctions - Main Action and Detailed Assessments

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The Courts are placing an increasing emphasis on the importance of using mediation to resolve disputes. This is not a new concept, with Judges often prepared to impose costs sanctions against successful parties who may have won at trial, but who had...

Surveillance evidence: win your claim - but at what cost?

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Any PI lawyer engaging in the costs budgeting process will have considered this predicament at one time or another since 2013; do I include estimated costs for obtaining surveillance evidence on my opponent? The litigator’s dilemma The dilemma is...

Agreed? Approved? Opposed? What role will "incurred costs" play in CMCs and Detailed Assessments?

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The recent Court of Appeal decision in Sarpd Oil International Ltd v Addax Energy SA and another [2016] EWCA Civ 120 introduced a new and rather unexpected application of an agreed costs budget in the process of assessing a party's costs. The Court...

South West Costs Seminar - 25 February 2016

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Paragon Costs were delighted to Co-Host the South West Costs Seminar with Guildhall Chambers on 25 February 2016 at the M-Shed in Bristol. This event sold out within 24 hours of the first round of invites and therefore we extended the capacity allowing for...

2016 - What role will a phased Bill of Costs and the Precedent Q play in absence of a new format Bill of Costs?

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The compulsory use of a new format bill of costs has been delayed again and this time, the delay is indefinite. Originally slated for April 2016, and then pushed back to October 2016, the Civil Procedure Rule Committee (CPRC) has decided that the practical...

Significant development in your claim? Revise your costs budget before doing anything else

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Yeo v Times Newspapers Ltd [2015] EWHC 2132 (QB) (22 July 2015) Following his informative judgment on the correct use of contingencies in the Precedent H back in February 2015, Mr Justice Warby has provided some guidance on when parties should seek the...

Coventry- Additional Liabilities not contrary to Human Rights?

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Coventry v Lawrence [2015] UKSC 50 In its judgment delivered on 22 July 2015, the Supreme Court upheld the costs recovery scheme introduced by the Access to Justice Act 1999 (the 1999 Act) as being valid and compatible with article 6 and article 1 of...

Costs Budgeting and Indemnity Costs Orders

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Do approved or agreed costs budgets apply to the assessment of costs on the indemnity basis? When asked this question recently my immediate answer was no. A costs budget includes the costs that it would be reasonable and proportionate for a party to incur...

Denton, Decadent and Utilise: The Court of Appeal reviews Mitchell

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Last week the Court of Appeal allowed the three appeals of Denton, Decadent and Utilise (“DDU”) in a judgment that intends to clarify, rather than overturn, the infamous decision made in the 2013 case of Mitchell and News Group Newspapers...

Costs Budgets, CCMCs and Consistency

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After a year has passed since the introduction of the new rules and most solicitors have encountered the Precedent H form, we look at the early development of the costs budgeting process. Drawing on the first-hand experiences of Paragon Costs...