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Articles
15.1.2010 : Lord Justice Jacksons review of civil litigation costs - final report
Statutory provisions :
This is the final report of Jackson LJ. It encompasses a wide variety of recommendations.
19.11.2009: In what circumstances are you entitled to recover interest on legal costs ?
Statutory provisions : According to s.17 of the Judgment Act 1838, costs attract interest as a matter of course on High Court judgments. The County Court (Interest on Judgment debts) Order 1991 ("CC(IJD)0 1991") provides for interest to be paid on a "relevant Judgment" namely a Judgment or Order of a County Court for the payment of money of not less than £5,000.00.
12.11.2009: Changes to care proceedings following the death of Baby P
At The conclusion of the high profile criminal case into the murder of Baby Peter, Care Applications rose significantly. There has been a sharp rise in intervention threshold by Local Authority's.
13.07.2009: Civil and family court fee changes
This PDF sets out a selection of civil and family court fees. It is not the full list, neither is it the authority on fee's. The full lists of all court fees are contained in Statutory Instruments (SI's). known as fees orders and can be found on our website www.hmcourts-service.gov.uk
26.06.2009: Small claims costs or predictable costs in infant cases
If you are acting on behalf of a child in litigation and the claim for general damages is unlikely to exceed 1000.00, you should be careful not to assume that you will recover anything over and above small claims track costs.
19.06.2009: 2 very good reasons why you should instruct us to prepare your statements of costs
1. Pursuant to the ruling in Leigh v Michelin Tyres, the Civil Procedure Rules were amended so as to legislate for cases where a statement of costs differs from the final Bill of costs (by 20%).
10.06.2009: Observations on LJ Jacksons preliminary report by Counsel, David Pilling of Liverpool Civil Law Chambers
Perhaps of most significant interest to costs practitioners are the relatively detailed proposals for the introduction of fixed profit costs for fast track cases. The proposals encompass road traffic accident, occupational disease, employers and public liability cases.
10.05.2009: Premature issue of proceedings
This is the latest issue being taken by some of the major insurers. In our experience they have had some sympathy from the Courts but more recently, the contention is losing credibility in light of the fact that it is an over-used argument and one which is misconceived in many cases.
08.05.2009: Lord Justice Jacksons review of civil litigation costs - preliminary report.
This is the first report of Lord Justice Jackson following a series of meetings and consultations. A consultation period is to follow and a final report is due to be published in December 2009.
27.03.2009: Care proceedings costs
Care proceedings are fraught with difficulty and as such cases are inherently sensitive, it is vital that only the most experienced of solicitors should handle the matter.
18.02.09: When is an RTA not an RTA...?
Since Part 45 CPR came into force, we have been involved in many a dispute with the insurance industry regarding whether or not a case falls into the RTA category as defined by Part 45.
18.08.08: Lewis Findlay v Cantor Index ET AL [2008] EWHC 90116 (Costs)
(Supreme Court Costs Office decision of Master Campbell) Are you obliged to provide party and party disclosure of your post November 2005 CFA ??
04.06.08: Carver v BAA Plc
Costs penalty imposed for conduct of litigation
(Court of Appeal decision - published June 4, 2008. Before Lord Justice Ward, Lord Justice Rix and Lord Justice Keene, Judgment April 22, 2008)
Where a Claimant had obtained Judgment as to liability and had been awarded damages exceeding an earlier payment-in, the Judge was none the less empowered to award costs in favour of the losing party or to make no order for costs.
18.03.08: Tracy Reynolds v Stone Rowe Brewer (a firm)
Costs estimates - solicitors' revised estimates of costs
QBD (Mr Justice Tugendhat)
The appellant firm of solicitors (S) appealed against a decision of a costs judge that it was bound by an estimate given to the respondent (R).
A dispute had arisen between R and a building contractor. R consulted S, who informed her that the estimated cost of taking the matter forward and through to trial would be in the region of £10,000 to £18,000 plus VAT. The building contractor subsequently issued proceedings against R, and she instructed S to act for her in conducting her counterclaim.
03.01.08: Nicholas Crane v Canons Leisure Ltd [2007] EWCA Civ 1352
(Success Fees - Court of Appeal decision) The Court of Appeal had to decide whether a success fee was recoverable upon the external costs draftsman's fees.
18.07.06: Deborah Garrett v Halton Borough Council David Myatt & Others v National Coalboard
A summary of the above cases in respect of which, joint judgment was handed down on the 18th July 2006. In both cases, the Court of Appeal decided that no costs should be allowed as there had been material breaches of the CFA Regulations 2000 (Reg 4) (now abolished).
Article written by Guy Platt-Higgins LLB(Hons), Director @ Law Costing Ltd.
10.12.07: Sitapuria v Khan
Success fees and trial day settlements
Facts: The claimant, who had signed a CFA, issued proceedings in an RTA claim. The case settled at the door of the court, on the day of trial, but before the case had been called on. The predictable costs regime of CPR Part 45 Section 3 applied. This provides that both solicitors and counsel should receive a 100% success fee if the "claim concludes at trial". For solicitors the success fee is 12.5% if the claim concludes before a trial has commenced. For counsel there is an intermediate success fee of 75% payable "if the claim concludes 21 days or less before the date fixed for the commencement of trial".
29.11.07: A Fair Price
A Fair Price
(Law Society Gazette: Letters to the Editor - Thursday, 29 November 2007.)
The Association of British Insurers and International Underwriting Association has in its recent report stated that for every £1 recovered in compensation, 43p is paid in legal costs (see [2007] Gazette, 11 October, 5). This means that every time damages are agreed/awarded in the sum of £2,000, £860 costs are paid (the latter figure includes all disbursements and VAT).
23.09.07: Ellison v Fairclough
(Decision of HHJ Stewart QC - 30th July 2007 - Liverpool County Court)
Following an RTA, the Claimant instructed solicitors who conducted initial investigations and commissioned medical evidence. The medical evidence was disclosed to the Defendants and the Claimants solicitors invited the Defendant to make their best offer within 21 days.
18.09.06: Keith White v Mark Revell
Supreme Court Costs Office [2006] EWHC 90054 (Costs) 8th September 2006.
This is a matter which was dealt with by Master Wright at the Supreme Court Costs Office. It related to a claim for costs made in respect of a high value personal injury claim.
Article written by Guy Platt-Higgins LLB(Hons), Director @ Law Costing Ltd.
01.06.05: Results of consultation and agreement on the subject of success fees applicable in employers liability disease claims
(Civil Justice Council decision)
Success fees have previously been fixed in RTA cases and in employers liability cases. The latter category applied to non-disease cases as some consultation on this area was required.
25.05.05: Anthony Burton (1) Jennifer Haynes (2) v Guy Kingsley (1) Leonard Harper (2)
This case concerned passenger claims in a road traffic accident. The injuries sustained were significant.
The first Defendant was the driver of the car in which both Claimants were passengers. The driver had a collision with the second Defendants vehicle.
28.4.05: K U (a child) v Liverpool City Council
Success Fees Court of Appeal Judgment handed down on 27.4.05. We prepared a Bill of costs in the above tripping accident case and included a 100% success fee in accordance with the CFA.
23.02.05: Painting v University of Oxford
The Claimant made a claim against her employers for damages for injuries and losses sustained as a result of an accident at work.