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Lucy Hodgkins
 

Morrow v Shrewsbury RUFC - Part 36 offers and exaggeration

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In the matter of Morrow v Shrewsbury RUFC, Mrs Justice Farbey considered whether it would be just for a Claimant who had exaggerated their claim to recover costs after succeeding at trial, and if not, what would be a reasonable and just deduction to those costs.

Informed consent - what is it and where are we?

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Solicitor and own client assessments have been on the rise for some time now. The question of whether informed consent has been provided by the client for the solicitor to charge fees over and above that which had been allowed on an inter-partes basis has recently been considered.

The General Rule that Costs Follow the Event.

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Recovery of Only a Fraction of the Pleaded Damages is Not Sufficient to Depart from this Principle

20% enhancement to hourly rates for Court of Protection matters; and a new practice note

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In PLK & Ors (full judgment here ) Master Whalan has provided guidance as to the appropriate hourly rates to be claimed in Court of Protection matters. The starting point will now be a rate equating to c. 120% of the 2010 guideline rates. Whilst the...

Unreasonable discharge of the claimant's legal aid certificate pre-April 2018 results in additional liabilities being disallowed (XDE v North Middlesex University Hospital Trust)

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Senior costs lawyer and member of LexisPSL's Case Analysis Expert Panel, Lucy Baldwin, analyses a recent case involving a dispute between the claimant and North Middlesex Hospital Trust. For the full article, click here . ...

Paragon Costs join the Lexis PSL panel

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Paragon Costs are proud to be members of the Lexis®PSL expert panel. Click on the cases below to be taken to our recent case law analyses and practice notes: The starting point for an order for security for costs where there is...

Does a reduction in hourly rates in relation to incurred costs, justify a good reason to depart from budgeted costs on assessment? Not in this case.

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The recent decision of Nash v Ministry of Defence [2018] EWHC B4 (Costs) addresses the question of whether a reduction to hourly rates for incurred costs at detailed assessment constitutes good reason for budgeted costs to be reduced. This is the second...

The new bill of costs IS coming. Are you ready?

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It has been in the pipeline for years but many practitioners have been firmly of the opinion that the new bill of costs would never become a reality. However the 92 nd update to the CPR will have shattered the illusions of anyone still holding on to that...

Case planning - a key factor in considering proportionality on assessment

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In the recent case of Andrew Rezek-Clarke v Moorfields Eye Hospital NHS Foundation Trust [2017] EWHC B5 Master Simons considered proportionality in respect of both the total costs claimed and also the ATE premium itself. He put particular emphasis...

Costs Budgeting and Proportionality in High Value Cases; Morgan J's Approach

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In the matters of Group Seven Limited -v- Nasir and ors & Equity Trading Systems Limited -v- Notable Services LLP and ors [2016] EWHC 629 (Ch ) Morgan J has provided some helpful and detailed comments as regards proportionality and other...