Costs

High Court approves increase to defendants’ £1.8m costs budget

Pound coins 2

The High Court has approved an increase to defendants’ costs budget against the opposition of the claimants, a rare reported example of an application for variation. Since the introduction of costs management, judges have complained about the lack of such applications.

August 17th, 2017

Defendants granted relief from sanctions after solicitors’ IT problems lead to late costs budget

birmingham

Defendants who filed their costs budget 10 days late because of problems with their solicitors’ IT system have been granted relief from sanctions after the High Court ruled that decisions at the case management conference would have required them to revise their budget anyway.

August 16th, 2017

Master calls on rules committee to solve riddle of the costs of budgeting

ACL Roundtable

A High Court Master has called on the Civil Procedure Rules Committee to resolve the “tension” between the need to “spell out in the eventual bill” the costs of costs budgeting and to include them in Precedent H. Master Victoria McCloud said the committee should consider amending the guidance to Precedent H.

August 16th, 2017

Appeal judges uphold indemnity costs order in “long and acrimonious” neighbour dispute

coins

The Court of Appeal has backed the order of indemnity costs against a retired couple involved in a battle over access to gas and electricity meters, who “had not come to court to assist the court in resolving the dispute but to assist themselves”. Lord Justice David Richards said they face having to pay “well over £200,000” to cover their neighbour’s costs.

August 15th, 2017

F1 personality ordered to pay part 36 indemnity costs over failure to engage in settlement

Eddie Jordan

The High Court has ordered well-known Formula 1 personality Eddie Jordan to pay indemnity costs after he accepted a “very historic” £15,000 part 36 offer that was still open on the eve of trial – and which was £85,000 less than he had been offered a year earlier. Mr Justice Mann said he was penalising Mr Jordan’s “culpable failure to engage in negotiations”.

August 10th, 2017

Reducing hourly rates for incurred costs is “good reason” to do the same to budgeted costs

Colin Campbell

A deputy master who reduced hourly rates for incurred costs on detailed assessment ruled last week that he had “good reason” to do the same for the budgeted costs. He said it made “no sense” for the budgeted rates to be left untouched if they are not scrutinised at the CCMC.

August 9th, 2017

Supreme Court overturns dismissal of appeal because of failure to pay judgment sum into court

Supreme Court sign

A Court of Appeal judge was wrong to end an appeal because the appellant company had not complied with a condition to pay the judgment sum into court first and he thought its wealthy owner could have paid instead, the Supreme Court has ruled.

August 2nd, 2017

Claimant lawyers turn guns on insurers over repair costs “rip off”

Andrew Twambley new

Claimant lawyers have leapt on a newspaper report that accused insurers of “routinely inflating repair costs” by as much as 100%, while receiving “undisclosed kickbacks” for the difference. Lobbying group Access to Justice said the Association of British Insurers had shown “breathtaking hypocrisy” in failing to condemn the practice while continuing to argue for whiplash reform.

August 2nd, 2017

Guarded welcome for Jackson’s fixed-cost plans

David Lidington

Lawyers have responded positively to Lord Justice Jackson’s report on fixed costs, while expressing relief that he had modified his initial idea of imposing a grid on all cases worth up to £250,000. However, concerns remain about how the plans will operate.

August 1st, 2017

Jackson lays out vision of fixed costs for some cases up to £250,000

Lord Justice Jackson

Lord Justice Jackson has today put forward his vision for extending fixed recoverable costs (FRC), but said he has not gone as far as originally envisaged because of improvements made in costs management. He proposed “finishing the job” of introducing FRC for all fast-track cases, as well as a new ‘intermediate’ track for certain claims up to £100,000, and a voluntary pilot of a ‘capped costs’ regime for business and property cases up to £250,000.

July 31st, 2017

Blog

Third-party funders – access to justice warriors?

Christopher Deadman 2

Comments on UNISON’s landmark victory against the government in respect of employment tribunal fees got me thinking about the whole ‘access to justice’ argument and the role that third-party funders play. I have sat in lots of meetings over the years where funders, some even with a straight face, claim that access to justice is a cornerstone of their business. That is a statement of almost North Korean bogusness. Funders who trot out the access to justice argument are guilty of conflating the by-product of their business with the

August 17th, 2017

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