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Conflicts of interest and the extent of the 'general authority' where a deputy instructs its own firm to carry out instructions or conduct litigation on P's behalf.

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This issue, along with various others, was considered by HHJ Hilder in ACC & Ors [2020] EWCOP 9. The test case related to three applicants who lacked capacity to manage their property and affairs or conduct litigation. None of the deputyship orders...

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

Lucy Baldwin
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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...

Hourly Rates; the Latest Development

Claire Winn
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Background All practising litigators will be aware that, in recent months, the landscape with regards to guideline hourly rates has been evolving. The first development of note is the matter of Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019]...

Exposure of Personal Injury Claimants to Costs Orders in Pre-Action Applications

Megan Roxburgh
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On 13 November 2020 Her Honour Judge Clarke handed down judgment in the matter of Waterfield and Ors v Dentality Ltd and Ors CC (Oxford) . The judgment deals with the question of QOCS following an Application hearing on 4 August 2020 wherein 26 potential...

BDW Trading Ltd v Lantoom Ltd - Is a substantial increase of disclosure documents a significant development?

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In the matter of BDW Trading Ltd v Lantoom Ltd, Mr Justice Kerr considered whether a substantial increase of disclosures documents should be considered a significant development and if the knock-on effect to other phases should also be considered ...

CFAs Unenforceable in Highly Critical Ruling

Megan Roxburgh
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Global Energy Horizons Corporation v The Winros Partnership [2020] EWHC B27 (Costs) : Master James has found in favour of the Claimant (the client) in a recent solicitor/client Judgment. The Master concluded that three of a City firm’s retainer...

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

Mark Holloway
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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...

Bristol Law Society- Costs Update

Nicholas Lee
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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 from Master Gordon-Saker...

Leading costs law specialists join forces to launch new ADR service

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Specialists from two leading South West legal firms have come together to launch a new service which offers clients an alternative approach to resolving expensive and time-consuming costs disputes. Bristol-based Legal Costs Resolutions’ (LCR) range...

Agreeing costs against one Defendant but not the other

Nicholas Lee
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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...

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