Costs

MedCo should be modified to accommodate unrepresented claimants as part of next year’s rise in the small claims limit for road traffic accident-related personal injury claims, the Ministry of Justice said today.

A ruling about ‘without prejudice’ correspondence has brought to light a claim against a group of lawyers who now face having to pay the costs of a case they facilitated.

The law firm at the centre of the Court of Appeal decision on blanket 100% success fees has expressed its concern that the decision could “open the floodgates” to solicitor/own-client assessments.

A solicitor does not have to investigate whether a medical reporting organisation is right to charge VAT on the whole of its bill, the Court of Appeal has ruled in a case that it said affected “thousands” of others.

A High Court judge has relieved a claimant who won a trial in January from having to produce an electronic bill for the work undertaken since 6 April 2018.

An extended fixed recoverable costs regime may lead to reduced income per case for solicitors but this will be balanced by quicker settlements and the chance to take on more cases, according to the MoJ.

Lawyers have reacted with caution to government plans to implement Sir Rupert Jackson’s recommendations for fixed recoverable costs, especially given the evidence behind the figures.

The Ministry of Justice today laid out its intention to implement Sir Rupert Jackson’s blueprint for fixed recoverable costs across the fast-track and in most money cases worth up to £100,000.

Lawyers are wrong to fear capped costs, which could make a “big difference” to the ability of medium-sized companies to litigate, a High Court judge said yesterday.

Solicitors may refuse to take on medical negligence cases at an early stage if courts fail to ensure “adequate cash flow”, a circuit judge has warned in ordering a further interim payment on account of costs.