Regional costs judge applies fixed costs to RTA claim that settled for £350k

Stephen Hines

A road traffic claim that settled pre-issue for £350,000 was subject to fixed recoverable costs because it began in the portal, even though it was later removed because of its value, a regional costs judge has ruled. It has been described as a consequence of the rule change that followed the Qader decision.

December 14th, 2017

Costs lawyers urge government to limit fixed costs to fast-track only

Iain Stark - Weightmans shot

The government should curb Lord Justice Jackson’s recommendation to expand the use of fixed recoverable costs, limiting them only to the fast-track, according to a survey of costs lawyers. It also found that solicitors are at risk of significant financial losses by not updating their budgets.

December 12th, 2017

Charities awarded maximum costs in case over environmental case costs

Gillian Lobo ClientEarth

The government has been ordered to pay the maximum costs to three charities available under rules on costs in environmental cases in a case that challenged changes to those very rules. The Royal Society for the Protection of Birds, Friends of the Earth and ClientEarth were awarded £35,000.

December 12th, 2017

High Court orders third-party funder to pay security for costs in excess of Arkin cap


The High Court today hinted at the first crack in the Arkin rule that third-party litigation funders are only liable for adverse costs to the extent of their investment in a case. Mr Justice Foskett awarded a defendant security for costs against a funder in a sum greater than the amount committed.

December 8th, 2017

Pre-LASPO CFA was validly transferred to new firm, Court of Appeal rules

Neil Hudgell 2017

The transfer of a conditional fee agreement from one law firm to another around the time of the Jackson reforms was valid and the success fee can still be recovered from the defendant, the Court of Appeal has ruled. However, in a split decision, the court ruled that it was a novation, rather than an assignment. The decision has been hailed “a tremendous victory for the solicitors’ profession”

December 5th, 2017

High Court: Barristers may be entitled to lien but legal expenses insurers are not


Barristers may now be entitled to same lien that solicitors can have over the proceeds of litigation, the High Court has suggested, as it ruled that legal expenses insurers do not. Though there were good historic reasons for barristers not having a lien, it said it was now difficult to identify any reason why they should not.

December 4th, 2017

MPs urge “complacent” government to consider mandatory mediation to cut clinical negligence costs

Meg Hillier MP

The government has been “slow and complacent” in its response to the rising costs of clinical negligence and should consider mandatory mediation for certain types of claim, MPs said today. They also criticised the Ministry of Justice for not assessing the impact of its various reforms and understanding how they may lead to more claims.

December 1st, 2017

New hot-tubbing and ‘costs of costs management’ rules come into force

percent sign

Variations that judges can adopt in orders for concurrent expert evidence – known as ‘hot-tubbing’ – came into force last week, along with a new provision that clarifies how the costs of costs management should be calculated.

December 1st, 2017

High Court: 10% part 36 uplift applies to damages plus basic interest

rcj 2

The High Court has made it clear that the additional 10% uplift on damages the courts can award for beating a part 36 offer means an uplift on damages plus basic interest. It also said the court’s focus under part 36 must be “upon the conduct of the litigation”, and not on “whether the claimant had led a blameless life up until the moment when a tort was committed against him”.

November 30th, 2017

Leading judge warns litigants not to start playing games over “minor procedural glitches”

Mr Justice Coulson

The incoming deputy head of civil justice has warned parties not to abuse the courts’ tougher approach to rule compliance. Mr Justice Coulson said applications based on “minor procedural glitches” were on the rise, having all but dried up following the 2014 ruling in Denton.

November 28th, 2017


All I want for Christmas is…

Stack of documents and papers

This is my valedictory blog for 2017. I am grateful to my loyal reader for enduring the polluted flushings of my diseased mind over the past six months. It has been fun to write and I hope that I have given the reader an insight into the world of a litigation flaneur. Before I bid you happy holidays, I would like to share with you my two wishes for Christmas. For the avoidance of doubt, these relate to litigation finance and not my personal desires, which include a solid gold house, rocket shoes and the power to become invisible at will.

December 12th, 2017

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