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Mark Holloway
 

Special Circumstances found following increases in hourly rates

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Raydens Ltd v Cole [2021] EWHC B14 (Costs) Background The claimant solicitors acted for the defendant in protracted matrimonial proceedings between November 2013 and September 2018. The defendant’s husband in the proceedings were ordered...

Appeal Process

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Appeal Process – Practice Note CPR 52 and practice direction 52A to 52E cover the appeal process in the civil division of the Court of Appeal, High Court, and County Court. The only exception is following a Detailed Assessment undertaken by...

GUIDELINE HOURLY RATES WORKING GROUP REPORT FOR CONSULTATION

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The long awaited Guideline Hourly Rate (GHR) report has now been published by the working group. The main takeaway from this report are the proposed increased hourly rates, which have been described as a ‘modest’ increase by the working group.

Can Non-Solicitor Deputies Charge Solicitor Rates? (Public Guardian v Riddle (No 1) & (No2) [2020] EWCOP 41)

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Practical Advice It is clear from the judgments that a non-solicitor deputy is not precluded from charging some form of enhanced rates over the public authority rates. However it is clear that if this enhanced rate is sought it needs to be clearly...

Budgeting In Group Litigation

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This practice note will be treated as a live document and updated when developments arise. For information on group litigation please see the previous practice note Costs in Group Litigation . The below will refer to terms addressed in the practice note. ...

Significant Developments

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This practice note will be treated as a live document and updated when developments arise. There are some upcoming changes to the CPR in relation to significant developments. This practice note aims to set out the current rules and case law regarding this...

Costs In Group Litigation

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This practice note will be treated as a live document and updated when developments arise. Civil Procedure Rules These rules apply where the court has made a Group Litigation Order (GLO). However they are also standard...

Underspending in a phase does not lead to an assessment of costs - Utting v City College Norwich [2020] EWHC B20 (Costs)

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Underspending in a phase should not open that phase to a full detailed assessment of the costs therein. Background The claimant valued their claim in the region of £1.85 million. The claim proceeded until 20 days before trial at which point it...

Good Reason to Depart

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A practice note detailing the case law and providing practical advice on good reasons to depart from a costs budget.

Good Reason is a High Hurdle - Chapman v Norfolk and Norwich University Hospitals NHS Foundation Trust [2020]

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Underspending in a phase, or not completing a phase, should not open that phase to a full detailed assessment of the costs therein. The figure allowed is for the parties to spend as they see fit.

Indemnity costs, exceeding Costs Budgets, beating Part 36 offers and the importance of evidencing offers

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In the recent case of Car Giant Limited -v- the Mayor and Burgesses of the London Borough of Hammersmith [2017] EWHC 464 (TCC) upon the paying party having significantly beaten their own Part 36 offer at trial, the trial Judge, amongst other things,...

Proportionality and Additional liabilities

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The Jackson reforms in 2013 also brought a new proportionality test and, as predicted by many costs experts at the time, we still don't have a clear understanding of how it may be interpreted. It remains a test which is primarily subjective and so of...

QOCS Continue to Apply on Appeal

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Since the Jackson reforms, over 3 years ago, Qualified One-way Costs Shifting (QOCS) has been in force. The point of QOCS is that, apart from a few exceptions, Claimants if successful are able to recover costs from the Defendant, however if the Defendant...

Leaving the portal and the impact on costs

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With the premise of fixed costs looming for a large proportion of the legal profession there may be a temptation for the Claimant to exit the relevant portal in order to increase the recoverable costs. However the following reported cases will demonstrate...