Latest News

Electronic bill of costs to become compulsory from 1 October

Francis Kendall

The new electronic bill of costs is set to become compulsory from 1 October 2017 despite virtually no take-up in two years of piloting at the Senior Courts Costs Office (SCCO). The Civil Procedure Rule Committee decided that it will initially be used in the SCCO ahead of implementation in other courts.

May 25th, 2017

Appeal court upholds validity of CFA switch despite legal aid remaining in place

Jason Rowley

The Court of Appeal has upheld a ruling that a conditional fee agreement (CFA) was valid even though the claimant’s legal aid certificate remained in place. “It is quite plain… that the CFA was designed and understood entirely to supersede for all purposes the public funding of the claim,” it found.

May 25th, 2017

Appeal court judge outlines hesitation at penalising parties who shun mediation

Courthouse

Litigants who shun mediation because they want their day in court should not be penalised for their conduct, a Court of Appeal judge has suggested. The comments by Lord Justice Patten fly in the face of the generally harder line taken in recent times by the senior courts on those who unreasonably refuse to mediate.

May 25th, 2017

Blog

Fixed recoverable costs: unfair and wrong in principle?

Alex Bagnall

Are fixed recoverable costs inevitable? On 11 November 2016 it was announced that Jackson LJ was to consult on the extension of fixed recoverable costs. That announcement was clear: those involved were to “look at options to extend fixed recoverable costs much more widely”; and to “develop proposals for extending the present fixed recoverable costs regime”. It was said that “the momentum is heavily for reform” and that the purpose of the review was to provide “opportunity for comments and submissions on the form and scope that reform should take”.

April 18th, 2017

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