I blogged recently (click here) about the changes to IPT and the transitional provisions in relation to the same. My colleague, Michelle Farlow, has been checking out the position with insurers and this seems to be how the following insurers are dealing with the change (with the usual caveat of course that the position on…
Read more…As some of you will already know, I am a member of the Law Society’s Civil Litigation Section Committee. We are looking to recruit additional civil litigators to our team. 2016 looks like it is going to be a challenging year for us all. More information is available here:- http://jobs.lawgazette.co.uk/employer/571/the-law-society/ Please feel free to contact…
Read more…Paragraph 7.9 of Practice Direction 3E says this:- If interim applications are made which, reasonably, were not included in a budget, then the costs of such interim applications shall be treated as additional to the approved budgets. A nice clear piece of drafting. The practical advice is this – whenever you are considering making an…
Read more…I blogged recently about how to finalise an approved/ agreed budget after a CCMC (click here). I was interested to see in the minutes for the November Civil Procedure Rule Committee (‘the CPRC’) meeting that the Committee had been discussing whether the judge at the CCMC should be ‘required to identify what assumptions the judge…
Read more…My colleague Nicola Magrath and I recently wrote a piece about Part 36 for Litigation Funding (please contact me if you would like a copy). Despite the re-working of the Part 36 rules earlier this year, the Part 36 regime is still throwing up a disproportionate number of oddities, the latest of which is the…
Read more…The latest Civil Procedure Rule Committee meeting minutes confirm that the rules for filing draft budgets will be streamlined:- Budgets for a small claim (with a monetary value less than £50k) will need to be filed with the DQ; All other budgets will need to be filed 21 days before the CMC. The operative…
Read more…The case of Bailes v Bloom (23.11.15) is not yet available on Lawtel but it is worth mentioning because it deals with competing Part 36 offers. The starting point when a Part 36 offer is accepted out of time is, as previously highlighted, CPR 36.13(4). The Defendant had made an early, pre-issue, Part 36 offer…
Read more…Provisional assessment is dealt with by CPR 47.15. In the normal run of things, bills claiming costs of less than £75,000 are subject to this procedure. Quite charmingly, PD 14.4 says that once the papers are filed, the court will use its ‘best endeavours to undertake a provisional assessment within 6 weeks’. That’s not the…
Read more…This expression was used by a professional contact recently and for a few seconds, I wondered what it meant. We work for civil litigators and have huge experience and expertise in preparing costs budgets for our litigators to use in costs managed litigation. It is critical that litigators engage properly with their clients about costs. …
Read more…I am delighted to have been asked to join Mena Ruparel of Law CPD Solutions for the first of her new webinar series, ‘Innovation in Law’. I will discuss: The recent costs reforms for civil litigators arising out of the Jackson review. How lawyers not yet working within a formal costs management framework can learn…
Read more…