Costs


Failure to spend budget “not a good reason to depart”

A failure to spend the totality of a budgeted figure for a phase because of settlement is not in itself a good reason to depart from a costs budget, a regional costs judge has ruled.

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Parties praised after first trial in capped costs pilot

The first case under the capped costs pilot reached trial last week, with the judge commending the parties for their “significant degree of collaboration” to make it work.

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CA upholds firm’s costs entitlement after terminating CFA

A law firm which stopped acting for a client after she refused to heed its advice to accept an offer to settle her case is entitled to recover the costs due from her under a CFA, the Court of Appeal has ruled.

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Claimant who exited portal by error avoids fixed costs

A costs judge was entitled to find that a case that erroneously exited the portal would have done so legitimately at some stage and so the claimant was entitled to regular, rather than fixed, costs.

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Parties can contract out of fixed costs regime

Parties can agree to contract out of fixed costs, a regional costs judge has ruled. He said it was clear that a recent ruling of the Court of Appeal allowed parties to do this.

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Senior judges mull guideline hourly rate review

A group of senior judges at the helm of the civil courts are considering a review of the guideline hourly rates “as a matter of urgency”, it has emerged.

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Court rejects judicial review over failure to extend QOCS

The High Court has rejected a challenge to the Ministry of Justice’s failure to extend qualified one-way costs shifting to discrimination claims in the county court.

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Points of dispute “must be precise and focused”

Points of dispute in detailed assessments must help the parties and court “determine precisely what is in dispute and why”, the Court of Appeal has ruled.

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