I recently attended ‘A Question Time on Costs’ hosted by Andrew Hogan, and very enjoyable it was too. The answer to the question from the panel of speakers was a resounding ‘No’ whilst we await the decision of the appeals in the BNM and May cases. At present, paying parties are using BNM to…
Read more…Regional Costs Judge, District Judge Lumb in the case of Merrix v Heart of England NHS Foundation Trust [2016] EWHC B28 (QB) (13 October 2016) considered to what extent, if at all, does the costs budgeting regime fetter the costs judge’s powers and discretion at detailed assessment. The judgment concerned this preliminary issue that arose…
Read more…In June we blogged on the case of BNM v MGN when Master Gordon-Saker held that the proportionality test applies to additional liabilities Click here to re-read Attain blog. The decision is now being appealed, so watch this space. Attain will keep you informed of progress. Attain are capable of handling all civil litigation costing…
Read more…In June Attain blogged about the case of Lowin v W Portsmouth & Co Ltd [2016] EWHC 2301 (QB) where the High Court allowed the cap on provisional assessment costs to be lifted when the Defendant failed to beat the Claimant’s Part 36 offer. Click here for that previous blog. We now have a copy…
Read more…Following our blog on 8th August click here, we wanted to provide our readers with more information about billing a client. Here is a detailed summary of the case of Rahimian & Anor v Allan Janes LLP [2016] EWHC B18 (Costs) that confirms the need for a detailed description of work to be included in…
Read more…From 25.07.16 certain court fees will increase, see SI 2016/807 and the latest EX50. Here’s a summary of the increases relevant to costs:- Previous fee Fee from 25.07.16 Part 8 costs only proceedings £50 £55 Request for a detailed assessment hearing where the costs claimed are:- up to £15,000 £335 £369 £15,000.01 – £50,000 £675…
Read more…Finally, some good news. The High Court has allowed the cap on provisional assessment costs to be removed where the Defendant failed to beat the Claimant’s Part 36 offer and costs were awarded on the indemnity basis. In the case of Lowin v W Portsmouth & Co Ltd (20/06/16) The High Court had to decide…
Read more…Costs draftsmen have rights of audience when they have been engaged to appear at a private hearing to assist in the conduct of litigation and are instructed by a qualified litigator: The Legal Services Act 2007 exempts the necessity for rights of audience at hearings held in private (i.e. in chambers). CPR 39.2(3) deals with…
Read more…The case of Bristow v The Princess Alexander Hospital NHS Trust is interesting as yet another example of the Court’s approach to a failure to mediate, but it’s REALLY interesting for another reason. Master Simons was faced with an Irwin Mitchell bill of costs (yes them again – click here) which included items which shouldn’t have been there (costs incurred…
Read more…I’ve been thinking about this a lot recently – garbage in, garbage out. This maxim is never truer than it is for solicitors recording their time. I always used to say to client firms that all fee earners should attend at least one detailed assessment hearing of a file they have worked on so that…
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