Costs

Partial relief from sanction for claimant who submitted partial budget

Nuts

A claimant who submitted a budget that did not include figures for trial preparation or trial has won relief from a decision that limited the entire budget to court fees only – but only for those parts of the budget that were completed.

October 17th, 2018

Top costs QC: Unacceptable that proportionality test is still not clear

Nick Bacon

It is “unacceptable” that there is still no guidance on the proportionality test more than five years after it came into force, a leading costs silk has argued. Nick Bacon QC was speaking following the latest application of the test, which saw a circuit judge reduce assessed costs of £116,000 to £75,000.

October 9th, 2018

Law firm ordered to deliver final bill in fixed-costs case

the road of money

A solicitor who claims the right to retain all of the money received for a client’s fixed costs and disbursements must still render a complete and final bill that details them, a costs judge has ruled in the latest case brought by Checkmylegalfees.com.

October 3rd, 2018

Solicitors were “wrong” to go round costs lawyer acting for former client

Claire Green

Solicitors have been criticised by a costs judge for refusing to deal with a former client’s costs lawyer in a dispute over their fees. Master Leonard said the firm had failed to show “the same professional courtesy as a solicitor would expect” in such circumstances”

October 3rd, 2018

High Court: Judge has no power to order solicitor to hand over client file

Overstuffed File Folder 3. Hanging file folder style.

Judges do not have power to order a solicitor to give a former client copies of documents which are the property of the solicitor, the High Court has ruled. However, Mr Justice Soole cautioned that solicitors should not always “press their legal rights to the limit”.

October 1st, 2018

Calls to revamp “unacceptable” Solicitors Act costs provisions

Roger Mallalieu

Leading figures in the costs world yesterday called for an overhaul of the billing and assessment provisions in the Solicitors Act 1974, with one saying it was “not fit for purpose”. The views echo those of the Senior Costs Judge, Andrew Gordon-Saker, who made similar comments earlier in the summer.

September 28th, 2018

Number of MROs shrinks by a third as MedCo clamps down

Martin Heskins 2

The number of medical reporting organisations on the MedCo system has shrunk by a third in only eight months, it emerged last week. By the end of August 2018 there were 78 MROs in the system, compared with 120 at 31 December 2017.

September 25th, 2018

Defendant lawyer hits out at £730k costs claim for £13k holiday sickness case

Monica Savic-Jabrow

A senior defendant lawyer has hit out at solicitors who claimed £730,000 in costs for a “straightforward” holiday sickness claim in a case with damages of only £13,000. But he also praised claimant firms which had “got their house in order” and become more vigilant.

September 24th, 2018

Time to ditch 100% success fee model, costs expert says

Erica Bedford

Law firms should abandon business models for low-value personal injury claims based on blanket 100% success fees, a leading costs specialist has argued. She said law firms should re-engineer their procedures to avoid becoming “easy targets” for legal action by firms specialising in claims against solicitors.

September 20th, 2018

Supreme Court refuses to hear appeal over ‘dishonest’ costs claims

Supreme Court sign

The Supreme Court has refused permission for a third appeal by a Leeds law firm against a ruling that it submitted ‘dishonest’ costs claims. It decided the application did not raise an arguable point of law of general public importance given there had already been an appeal.

September 19th, 2018

Blog

Are the days of the Arkin cap numbered?

Stephen Innes

The Arkin cap has come to be seen as increasingly unfashionable, and a forthcoming hearing may provide some indication of the prospects of it being consigned to the back of the wardrobe of history. As a reminder, where a claim backed by litigation funding fails, the funder may be susceptible to a non-party costs order in favour of the successful party.

October 5th, 2018

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