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Nicholas Lee
 

Beneficiaries right to seek an assessment of Executor's Costs

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Mr Kenig and his sister were beneficiaries of a Will. Thomas Snell & Passmore LLP (“TSP”) were instructed by the sole executor of the Will (Mr Saul Biber) to administer the estate. TSP’s initial estimate was £10,000 - £15,000 plus VAT and expenses, but they ended up charging £54,410.99 plus VAT and expenses.

Cooke and others v Woodchurch House Limited

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Nicholas Lee of Paragon Costs Solutions and James Wibberley of Guildhall Chambers were instructed to represent the Defendant in these costs proceedings.

A Year In Review

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Wishing you a disproportionately Happy Festive break (on the standard basis) and a Happy New Year (without prejudice save as to costs). This offer is open for acceptance for 21 days (the “relevant period”).

UK Supreme Court decides that Receiving Parties limited to one Firm's costs and legal costs incurred or paid in a foreign currency should be converted at the time the invoices were paid

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Micula and others v Romania [2023] UKSC 2018/0177 (23 May 2023) Paragon Costs were instructed on behalf of the Paying Party, Romania. Jamie Carpenter KC was instructed to represent Romania at the hearing. Romania, the Appellant/Cross-Respondent was...

QOCS & Mixed Claims

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What is Changing on 6 April 2023? Old Rule CPR 44.14(1)- “…orders for costs made against a claimant may be enforced without the permission of the court but only to the extent that the aggregate amount in money terms of such...

Paragon Costs Solutions recognised as a leader

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Paragon Costs Solutions recognised as a leader by prestigious legal directories Legal costs specialist Paragon Costs Solutions has become the only South West-based firm of its kind to be recommended by the prestigious Legal 500 directory of UK-wide...

Court Strikes Out Defendant's Points of Dispute

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Tudor v (1) Dean & GCOL Limited – Detailed Assessment of Costs – Court Strikes Out Defendant’s Points of Dispute & Approves Good Reason to Depart from An Approved Costs Budget Clarke Willmott acted for the Petitioner Mr Tudor...

Recovering interest on a disbursements funding Loan

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I have long held the view that the authorities support the ability to recover interest on a disbursement funding agreement. Of course, this is subject to the Court’s very wide discretion at CPR 44.2. This appears to be a view supported by Regional...

Receiving party reaps the benefit of a well-pitched Part 36 offer

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Moran v Smith (Bristol County Court, Deputy District Judge Napier, 17/12/2021) Paragon Costs were instructed on behalf of the Defendant (the receiving party). Unusually, a Provisional Assessment was undertaken in circumstances where the costs claimed...

Bill of costs struck out for being non-compliant

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Barking, Havering & Redbridge University Hospitals NHS Trust v AKC [2021] EWHC 2607 Mrs Justice Steyn DBE, siting with Master Brown, allowed an appeal to a decision of Master Nagalingam on the basis that the signatory on the bill certificate was not...

Wayne Raubenheimer v Slater & Gordon UK Ltd

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ATE policy information not obtainable under Part 18 in Solicitors Act assessment (Wayne Raubenheimer v Slater & Gordon UK Ltd) Dispute Resolution analysis: The claimant was refused its application to compel the defendant to answer a Part 18 request for...

Getting the basics right

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Getting the basics right- “All of these errors could have been avoided with a little diligence”

Bristol Law Society- Costs Update

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Nicholas Lee will be presenting an online webinar in association with Bristol Law Society on Wednesday 4 November 2020 at 1pm via Zoom. The webinar will cover recent developments in the world of costs, including: Recent guidance...

Agreeing costs against one Defendant but not the other

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Oberholster v Little & Anor [2020] EWHC 2635 (QB) (06 October 2020) Background C contracted with D2 (Optical Express) to undertake ophthalmic surgery. The surgery was carried out by D8 (Dr Oberholster), a surgeon engaged by D2. D2 was sued along...

Are inter fee-earner discussions reasonable?

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This issue, along with multiple fee earners attending trial, scheduling outstanding actions and creating bundles, was considered by the Senior Costs Judge, Master Gordon-Saker, in Fuseon Ltd, R (On the Application Of) v Shinners [2020] EWHC B18 (Costs) (09...

DSN v Blackpool Football Club - Indemnity costs for failing to engage in ADR

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In the matter of DSV v Blackpool Football Club Mr Justice Griffiths awarded the Claimant indemnity costs for a period commencing a year before they beat their Part 36 offer, due to the Defendant’s failure to engage in ADR.

Payment on account of quantum costs without an authority for costs

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In RXK v Hampshire Hospitals NHS Foundation Trust [2019], Master Cook explained the factors the Court will consider when considering an interim payment on account of costs when quantification of damages is not possible for a considerable length of time.

Nick Lee discusses the future of costs at the Civil Litigation Conference

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Paragon Costs Solutions’ Nick Lee took centre stage at Legal Futures’ inaugural Civil Litigation Conference in London on 19 March as leading judges and practitioners gathered to debate the changing face of civil and commercial litigation. Nick...

Costs awarded to an unsuccessful Applicant in the Upper Tribunal due to the Authority's unreasonable conduct (Burns v the Financial Conduct Authority)

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This article was first published on Lexis®PSL Financial Services on 19 February 2019. Click for a free trial of Lexis®PSL . " Alistair Burns v The Financial Conduct Authority [2019]...

Paragon Costs' Managing Director Nicholas Lee appointed President of Bristol Law Society

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Paragon Costs’ Managing Director Nicholas Lee is the new President of Bristol Law Society (BLS). Nick was voted in during the AGM of the country’s oldest law society on 20 November 2018. A council member since 2013, Nick has been a central part...

Make sure you file a budget through to trial

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In Page v RGC Restaurants Ltd [2018] EWHC 2688 (QB) (15 October 2018) Mr Justice Walker was considering an appeal from Master Thornett who imposed a sanction which limited the Claimant’s costs budget to applicable Court fees only. The parties had...

Switching from Legal Aid to CFA

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Surrey v Barnet and Chase Farm Hospitals NHS Trust [2018] EWCA Civ 451 The Issues The issues raised on these three appeals from Mr Justice Fosket (sitting with Senior Costs Judge Gordon-Saker as assessor) was the reasonableness of changing...

Sharp v Blank - Significant Developments?

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Sharp v Blank & Ors [2017] EWHC 3390 (ch) Chief Master Marsh was considering an application by the Defendants to revise a costs budget on the basis that there had been “significant developments”. This was a significant and complex piece...

South West Costs Seminar, Bristol - Tuesday 1st May 2018 - BOOK NOW!

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Paragon Costs Solutions and The Guildhall Chambers Costs & Litigation Funding team are pleased to announce the return of the South West Costs Seminar on Tuesday 1st May 2018 at the M-Shed in Bristol. We are delighted to...

Could Fixed Recoverable Costs be illegal?

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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...

Clean Sweep as Paragon set to announce four new Costs Lawyers

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Paragon are delighted to announce that Megan Roxburgh, Richie Rees, Rebecca Peters and Marc Harris have all successfully completed their exams and will shortly be in receipt of a practising certificate acknowledging them as qualified Costs Lawyers. Costs...

Costs Management - Ignorance is certainly not bliss

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We are five working days in to July and already I am aware of three reported decisions that consider Costs Management. Rewind a few more weeks into June and we had Court of Appeal guidance on the approach to detailed assessments where there has been a costs...

Fixed Fees and Judicial Review

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Lord Justice Jackson recently hosted a seminar at Cardiff University to discuss fixed fees in Judicial Review matters and generally. Theodore Huckle QC opened the presentations with a compelling case as to why fixed fees should not cover Judicial Review...

Supreme Court on Assignments and Top-UP ATE

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The issue of assignments of CFAs and top-up ATE insurance was considered by the Supreme Court in Plevin v Paragon Personal Finance Ltd [2017] UKSC 23. Assignment Mrs Plevin entered into a CFA with her original solicitors in June 2008. Subsequently...

No detailed assessment and departures from the budget allowed

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Sony Communications International AB v SSH Communications Security Corporation [2016] EWHC 2984 (Pat) (24 November 2016) Mr Roger Wyand QC gave a judgment on the order for costs to be made following a trial. Despite the counterclaim having a value in excess...

Partial Approval of Costs Budgets

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Wright v Rowland [2016] EWHC 2206 (Comm) Introduction This case concerns costs management. The Claimant’s budget had been agreed by the Defendants. The Defendants' budgets were not agreed. The parties had very different views as to the...

Costs Management for Litigants in Person

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Campbell v Campbell [2016] EWHC 2237 (ch) (13 September 2016) Introduction This decision concerns the extent to which the costs management regime applies to the costs of a litigant in person and the scope of a litigant in person’s recoverable costs...

Payments on Account of Costs after DA has been ordered

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Ashman v Thomas [2016] EWHC 1810 (Ch) (19 July 2016) Introduction On 21 June 2016 Master Matthews gave judgment extempore in preliminary issues which he had tried and awarded the costs of those issues to the Defendant. In seeking to agree the terms of...

New Proportionality - "...a real change in the assessment of costs"

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If you still need persuading that the post April 2013 proportionality regime has teeth, then look no further than Master Gordon-Saker’s decision in BNM v MGN Limited [2016] EWHC B13 (Costs) (03 June 2016). The effect of proportionality was that the...

Conditional Fee Agreements Can be Assigned (...for now)

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Today the Court of Appeal has handed down the much awaited judgment in the case of Jones -v- Spire Healthcare Ltd relating to the assignment of Conditional Fee Agreements By way of a brief background an assignment is the replacement of one party in an...

Practical impact of the 83rd CPR Update and SARPD

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See our articles on the CPR Changes ( CPR Changes ) and Sarpd ( SARPD Article ). Our technical working group at Paragon Costs has been thrashing through the implications of these changes and the decision. Here you will find our practical guidance! If in...

Easter Treasure Hunt and Quiz

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Join us for some Easter fun with a treasure hunt and quiz. ...

Assignments of CFAs

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So the big debate is whether you can assign a CFA and, if so, in what circumstances. In this article I will consider the issues and reflect on the main decisions so far. What is an assignment? An assignment is effectively the replacing of one party to an...

Pre Judgment Interest on Costs

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In 2012 the Court of Appeal in Simcoe v Jacuzzi Group Plc [2012] EWCA Civ 137 (16 February 2012) confirmed that interest is payable from the date of the order for costs, not from the date the costs are assessed. However interest on costs incurred prior to...

Practical Costs Management Guide

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This article should be a one stop guide for the practical side of Costs Management. Preparing a Costs Budget It horrifies me to see budgets with no assumptions, an expert phase without any expert fees, Court fees omitted and incurred costs incorrectly...

Paragon Training Academy

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“Any fool can know. The point is to understand.” ― Albert Einstein On 1 June 2015 Paragon launched its new Training Academy. The trainees, most of whom are law graduates, are part way through a...

Disbursement Recovery Guide

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Is it reasonable incurred, reasonable in amount and proportionate? Items which are difficult to recover PRACTICE DIRECTION 47 - PROCEDURE FOR DETAILED ASSESSMENT OF COSTS AND DEFAULT PROVISIONS CPD 5.22 (3) Local travelling expenses incurred by...

Disbursement Recovery Guide

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Is it reasonable incurred, reasonable in amount and proportionate? Items which are difficult to recover PRACTICE DIRECTION 47 - PROCEDURE FOR DETAILED ASSESSMENT OF COSTS AND DEFAULT PROVISIONS CPD 5.22 (3) Local travelling expenses incurred by...

Personal Injury Awards 2014

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On 14 November Nicholas Lee, Claire Bullock, Kate Gill and Lucy Baldwin attended the Personal Injury Awards 2014. The Event, held at the Grange St Paul Hotel, is an opportunity to celebrate the outstanding work done by both individuals and firms in the...

Paragon Costs news round-up

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New appointments, a summer drinks event and someone has qualified- what's been going on in the world of Paragon Costs? Paragon Costs are pleased to announce several new appointments Kate Gill, costs lawyer, Rasa Maliukeviciute and Fatima Bello...

Court of Appeal hands down judgment in Denton, Decadent Vapours Limited and Utilise TDS Limited

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The Court of Appeal has handed down judgement in Denton, Decadent Vapours Limited and Utilise TDS Limited. All the appeals have been allowed. There should be a three stage test when addressing an application for relief from...

An application for extension of time for service or an application for relief from sanctions?

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The matter of Hallam Estates (1) & Michael Stainer (2) v Teresa Baker [2014] EWCA Civ 661 was an appeal against the decision of the High Court reversing the decision of the costs judge whereby he refused to set aside his earlier order for an extension...

Response from the courts to the Mitchell decision

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The courts have mostly endorsed the Mitchell decision in numerous decisions. It is clear that lawyers must comply with court orders or face the wrath of the courts. We summarise some of the important post-Mitchell decisions. Bianca...

Paragon Costs news round-up

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A seminar, a celebration and a passing-off claim - what's been going on in the world of Paragon Costs? Guildhall Clinical Negligence Seminar- Bristol, 19 March 2014 Paragon Costs are pleased to be sponsoring this...

Will late service of replies to points be struck out?

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Does the Mitchell Judgment have any bearing on filing replies to points of dispute outside of the 21 day time period? Practitioners should now be well aware that non-compliance with orders and time limits will most likely not be tolerated in the post...

Have the courts decided to put ATE premiums under greater scrutiny?

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In light of the new Mitchell era, we consider whether the courts will take a stricter line with parties filing replies outside of the 21 day period, which regularly occurs given their optional nature and seemingly lack of sanction for late...

Guildhall Clinical Negligence Seminar- Bristol, 19 March 2014

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Paragon Costs are pleased to be sponsoring this specialist Clinical Negligence Seminar, boasting speakers from some of the leading practitioners and Consultant Neurologist, Dr Richard Hardie. The seminar will provide an overview of essential issues...

International Women's Day

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Join us to celebrate International Women's Day with Tea and Tiffin (cake) on Friday 7th March 2014, 12.30pm – 2pm, at Bristol Law Society, The Law Library, Small Street, Bristol BS1. The event, organised by the Women Lawyers Division...

Judgment by default and costs by default

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Judgment by Default & Costs by Default - Tough Justice to Litigants in Person May this be a warning to Litigants in Person, the Court may be a little more lenient, but there is only so much they will let you get away with…. The Defendant in...

Paragon Costs 2013

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Paragon Costs is a specialist costs practice with a national and international client portfolio. Our team of specialists has been carefully selected for its energy and expertise to ensure that, at every level, we exceed the needs and expectations of our...

Dispute Resolution and Costs Conference

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Paragon Costs, in conjunction with DAS LawAssist, hosted a conference at The Future Inns hotel in Bristol on 4th December 2013. The conference, sponsored by Wesleyan for Lawyers and Oval Insurance Brokers, and with support from Guildhall Chambers and...

Court of Appeal dismisses the Plebgate appeals

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The Court of Appeal has today handed down the eagerly awaited Judgment in Andrew Mitchell MP v News Group Newspapers Limited [2013] EWCA Civ 1526. The appeal related to two decisions of Master McCloud to limit the Claimant’s costs budget to court fees...

News round-up

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Small Claims limit remains at £10,000.00 Following The Ministry of Justice’s response to the Transport Committee's whiplash consultation it has confirmed that the Small Claims Track limit in relation to personal injury...

Feedback from Bristol Court User group

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Nicholas Lee, Director of Paragon Costs, was fortunate to attend the Bristol Court User Group meeting on 4 November 2013 which provided valuable insights from Regional Costs Judge Britton on Provisional Assessment and Costs Case Management; District Judge...

Update on Sylvia Henry v News Group Newspapers Ltd

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Sylvia Henry v News Group Newspapers Ltd [2013] EWCA Civ 19 was the first case to consider the effects of exceeding a costs budget. The Court of Appeal decided that there was good reason to depart from the costs budget. The object of the practice...

Simcoe v Jacuzzi UK Group plc

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On 16 February 2012, the Court of Appeal today handed down judgement in Simcoe v Jacuzzi UK Group Plc. Interest is payable from the date of the Order, not from the date costs are assessed. Click here to read the full decision on the BAILII...