Defendant can resile from part 36 offer accepted before protected party’s death

It would be unjust for a defendant to be bound by the acceptance of a six-year-old part 36 offer on behalf of a protected party just hours before their death, the High Court has indicated.

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Judge upholds $3.7m default costs certificate after delayed reaction

A costs judge has upheld a default costs certificate on a $3.7m bill after the paying party’s solicitors did not show any sense of urgency in dealing with it.

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Budget variation application failed promptness test, master rules

A High Court master has sent out a strong message on the need to seek budget variations promptly after refusing a bid to increase two claimants’ budgets by £1.3m.

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Solicitors ask: Is it time to ditch the guideline hourly rates altogether?

It may be time to ditch the guideline hourly rates entirely in favour of a market solution given they are meant to reflect what lawyers are charging, Birmingham Law Society has said.

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Proposed guideline hourly rates too low, lawyers argue

The review of the guideline hourly rates has been widely criticised for only considering the costs judges have allowed, rather than what lawyers have claimed.

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Accepting cap on damages deduction “equals informed consent”

A solicitor telling a client that they will deduct up to 25% of damages to cover costs not recovered in a low-value personal injury case amounts to informed consent, a regional costs judge has ruled.

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CA to hear appeal on ‘informed consent’ to PI damages deduction

The Court of Appeal has agreed to consider whether personal injury clients need to give informed consent to paying their solicitor more costs than could have been recovered.

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Richard West

Kennedys automates assessment of medical evidence in portal cases

Defendant firm Kennedys is now using artificial intelligence to assess medical evidence and recommend a damages figure for claims in the MoJ claims portal.

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