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...
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...
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]...
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...
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 ...
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...
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...
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...
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...
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...
