How To Revise A Costs Budget – Chief Master Marsh’s Guidance In Sharp V Blank

30 January 2018   Since the introduction of costs management in April 2013 we have observed the rules and practice directions evolve and change, however one issue has continued to remain unclear. How should you revise an approved/agreed costs budget?  In particular how are incurred costs treated? Chief Master Marsh’s judgment in Sharp v Blank [2017] EWHC 3390 (Ch) addresses this issue in great detail an .....continue reading

Assessing Proportionality After May V Wavell

25 January 2018   There was much hope that the appeal of Master Rowley’s decision in Dr Brian May and Anita May v Wavell Group Limited and Dr Farid Bizzari [2016] would result in clear guidance, albeit not binding, on how the courts  should now assess proportionality.  Certainly questions had been asked about access to justice when a bill of costs for over £208,000 was reduced to £35,000 .....continue reading

Capped/fixed Costs Pilot Scheme

05 January 2018   Proposals have been put forward for a capped costs and fixed costs pilot scheme for claims up to a value of £250,000. Details of the scheme are contained in the recently published CPRC minutes. The scheme is also intending to consider which of costs capping, costs budgeting or fixed costs is the best method for controlling costs overall.  Entry to the pilot will be voluntary and both sides will .....continue reading

2018 - The Year Of The E-Bill Of Costs!

05 January 2018   The new electronic bill will become compulsory from April 2018 in certain cases. The minutes published from the CPRC Committee confirm that the ultimate intention is that the compulsory pilot will be extended to all courts, but for the time being will be limited to the SCCO. The limited roll-out is due in part to issues identified, namely that although the SCCO is confident that they have the IT .....continue reading

The Budgeting Saga Continues – Now For Hourly Rates!

05 January 2018   Another issue has arisen as to what amounts to good reason to depart from an approved costs budget with currently conflicting decisions. This time it is whether the alteration of hourly rates on detailed assessment is good reason for depart from an approved costs budget. One of the conflicting decisions is from Deputy Master Campbell (RNB v London Borough of Newham [2017] EWHC B15 (Costs)) and th .....continue reading

Goodwin Malatesta Raising Funds For Kidney Cancer Uk And Animal Welfare Charity ‘mutts In Distress’ In 2018

05 January 2018   We are pleased to announce that we have chosen to support Kidney Cancer UK as one of our designated charities in 2018. Kidney Cancer UK is a British charity established in 2000 to support kidney cancer patients, their carers, medical professionals and scientific researchers. The charity was established by the political scientist Keith Taylor after he was diagnosed with kidney and lung cancer in 19 .....continue reading

Cfas – To Assign Or Not To Assign? That Is The Question!

12 December 2017   The judgment in Budana v Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980) has finally been released and we finally have some clarity on assignment and novation of CFAs. We consider the judgment and whether it really is the end of the road. Background The claimant had entered a CFA with Baker Rees (BR) after having a tripping accident whilst attending the defendant’s hospital. BR su .....continue reading

Ate Insurance Premiums In The Press Again!

01 December 2017   We reported recently on the case of BNM v MGN Limited & Michael Reynolds v Nottingham University Hospitals NHS Foundation Trust [2017] EWCA Civ 1767 and whether the old or new proportionality test applied to additional liabilities taken out prior to April 2013. In Peterborough and Stamford Hospitals NHS Trust v Maria McMenemy [2017] EWCA Civ 1941 the court considered whether ATE premiums in c .....continue reading

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