What Is This Proportionality Test I See Before Me?

17 November 2017   The recent decision in BNM v MGN Limited [2017] EWCA Civ 1767 provided illumination on how the new and old proportionality tests are to work in relation to additional liabilities, but how did the Court of Appeal reached its decision that the success fee and ATE insurance premium in this privacy claim should be subject to the old proportionality test? The Old Test The old proportionality test is .....continue reading

Costs Budgets, Detailed Assessments And Hourly Rates

27 September 2017   Back in July we reported on the Court of Appeal’s decision in Harrison v University Hospitals Coventry & Warwickshire NHS Trust that on a standard basis detailed assessment it will be necessary to show good reason to depart from an approved budget of estimated costs, either upwards or downwards.  This showed how fully costs budgets and detailed assessments are linked and the import .....continue reading

The Budgeting Game

30 August 2017   In Findcharm Limited v Churchill Group [2017] EWHC 1108 (TCC), Coulson, J was scathing of the Defendant’s conduct and their budget.  Observing that steps have been taken in the budgeting process to make the process more user-friendly and efficient, including the use of the Precedent R, Coulson J went on to complain that, despite this ‘even now, some parties seem to treat costs bud .....continue reading

Sick Of Sickness Claims

30 August 2017   Holiday sickness claims have been all over the legal press recently with Defendants claiming successes against what they see as purely fraudulent claims and Claimants also claiming successes with what they consider mostly genuine claims with a few dishonest ones in the mix. In mid-June, ABTA launched its ‘Stop Sickness Scams’ campaign, claiming that holiday sickness claims had increas .....continue reading

Costs Budgets And Bills Of Costs – Take The Same Approach!

30 August 2017   The recent decision of Master McCloud, sitting as a deputy costs judge, in the case of Woodburn v Thomas [2017] EWHC B16 (Costs) highlighted how costs budgeting is fundamentally linked to the detailed assessment process.  In this case the costs lawyer drafting the bill of costs separated the costs budgeting and costs management costs into separate ‘non phase’ parts as those costs .....continue reading

Lord Justice Jackson’s Supplemental Report Into Civil Litigation Costs

08 August 2017   After many months of work, Lord Justice Jackson’s report on fixed costs is now available. This briefing considers his proposals and the potential consequences. Described as being a ‘supplemental report’ to his original Final Report of 2010, it seeks to advance fixed costs further than the scheme previously introduced but not as far as anticipated, since Lord Justice Jackson has .....continue reading

Costs Budgets & Detailed Assessments - So What Is A Good Reason To Depart From An Approved Costs Budget?

11 July 2017   In a separate briefing we reported on the Court of Appeal’s decision in Harrison v University Hospitals Coventry & Warwickshire NHS Trust that has now placed approved costs budgets at the front and centre of standard basis detailed assessments.  This briefing reports on the practicalities of that decision. To be concise, it will now be necessary on a standard basis detailed assessm .....continue reading

Time To Prepare For The New Format Bill Of Costs!

04 July 2017   After a further delay due to IT issues, we can now expect no earlier than April 2018 to witness the biggest change to how legal costs claims are presented since the days of Dickens’ ‘Bleak House’ and Jarndyce v Jarndyce!  Many lawyers are unprepared for this massive change and this Briefing aims to set out the fundamentals. Since Lord Justice Jackson’s Review of Civil .....continue reading

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