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Contradictory Guidance

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James Wibberley and Guildhall Chambers  looks at the interplay between the cap on cost of costs budgeting and the Guidance Note to form Precedent H. The Problem When he introduced the process of cost budgeting, one of Jackson...

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

Richie Rees
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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...

Fundamental dishonesty and QOCS: No need to raise specific allegations in proceedings

Claire Winn
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The matter of Howlett & Howlett v Davies & Ageas Insurance Limited [2017] EWCA Civ1696 was heard in the Court of Appeal on 30 October 2017, by Lord Justices Lewison, Beatson, and Newey. This was a claim involving a road traffic collision resulting...

The interplay between the client care letter, the Solicitors Act and the Civil Procedure Rules

Claire Holloway
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In the case of Breyer Group Plc & Ors v Prospect Law Limited Master Rowley considers some key, important factors in deciding what the Claimants in this action should pay the Defendants (their former solicitors) in respect of legal fees. It raises...

Third Party Funding: Where are we now?

Claire Winn
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We are all, to some degree, familiar with the rules regarding maintenance and champerty and the long standing consensus that parties without an interest in proceedings should not be given the opportunity to meddle with the disputes of others ( British Cash...

Marsh v Ministry of Justice

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Background The Claimant brought a claim against the Defendant for personal injury which was resolved in the sum of just over £286,000.00 at trial. During the course of the case the Claimant made genuine attempts to settle by way of Part 36 offers;...

Is it possible for the Claimant to lose their claim but still get their costs of the action? Bullock orders anyone?

Janina Muromceva
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It is not uncommon for the Claimant to sue multiple Defendants but how common and indeed is it possible for the Claimant to recover their costs of the whole action and avoid paying costs of the Defendants' against whom the Claimant's case was...

Could Fixed Recoverable Costs be illegal?

Nicholas Lee
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Employment Court Fees UNISION’s legal challenge began shortly after fees were introduced on 29 July 2013. Since 2013, those wishing to issue proceedings in an employment tribunal have been required to pay a fee unless they qualify for remission. Fees...

Costs Budgets: So, hourly rates do form part of a CMO...? Court says a reduction in rates is a good reason to depart

Marc Harris
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RNB –v- London Borough of Newham [2017] EWHC B15 (Costs) Background The Claimant brought a claim against the Defendant for abuse suffered by an employee of the Defendant. Proceedings were issued, a Costs Management Order was made with the...

Unusual costs will be considered to be unreasonably incurred

Rebecca Peters
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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...

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