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Rebecca Franks
 

No relief from sanctions for a failure to serve a notice of funding

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The Court of Appeal dismissed the appeal against the Order of Deputy District Judge Elmer refusing the Claimant's application for relief from sanction in respect of a failure to serve a notice of funding, in the case of Neville Springer (personal...

Court of Protection Rules 2017

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The Court of Protection Rules 2007 have been replaced by the Court of Protection Rules 2017, which came into force on 1 December 2017. No comprehensive update of the rules has been done since they were first introduced in 2007, with limited...

"Outside the norm" Court of Protection proceedings and costs being assessed on the indemnity basis

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The Public Guardian v Matrix Deputies Limited (1) and London Borough of Enfield (2) [2017] EWCOP 14 Rule 156 of the Court of Protection Rules 2007 states that where the proceedings concern P's property and financial affairs the general rule...

Unusual costs will be considered to be unreasonably incurred

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Some useful advice was provided by Master Rowley in the matter of Breyer Group & Ors v Prospect Law Limited (SCCO) (26 July 2017) in relation to solicitor own-client costs. The Defendant in this matter was one of several firms who successfully...

Increase in fixed costs in the Court of Protection

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In June 2016, I prepared an article advising on the proposed updates to Practice Direction 19B, supplementing Part 19 of the Court of Protection Rules 2007 ( http://www.paragoncosts.com/site/blog/paragon-blog/proposed-updates-to-practice-direction-19b...

Costs Seminar Bristol 2017

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Paragon Costs were once again delighted to Co-Host the Bristol Costs Seminar with Guildhall Chambers on 2 May 2017 at M Shed, Bristol. Around 170 delegates attended the seminar, which was kindly sponsored by Arag and Wesleyan. It was an honour to be...

Significant Developments and Costs Budgets - Are there any developments?

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Lawyers are still struggling to understand what a ‘significant development' is in respect of applying for a variation to their costs budget. This is not helped by the fact that the CPR does not provide any solid explanation of the term resulting in...

High Court confirms additional liabilities should not be included within costs budgets

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Costs practitioners and litigators were surprised by Master Gordon Saker's comments in August 2015 in the case of BP v Cardiff & Vale University Local Health Board [2015] EWHC B13 , in which it was considered whether the costs cap for preparing...

Proposed updates to Practice Direction 19B, supplementing Part 19 of the Court of Protection Rules 2007

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New Practice Directions and replacements to the Court of Protection Rules were made with effect from the 1 July 2015. Changes to existing Court of Protection forms were made and some new forms were created, as a result of the Court of Protection...

Relief granted over late filing of costs budget, as it was not a "serious or significant" breach

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A refusal to grant relief from sanctions has been overturned by a circuit judge, where a costs budget was served a week late, in the case of Murray v BAE Systems PLC (Liverpool County Court, 1 April 2016) . The costs budget was due to be served by the...