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.
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.
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.
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.
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.
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.
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.
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.