Court Of Appeal Decides When Costs Budgeting Trumps Detailed Assessment

04 July 2017   We previously reported on recent detailed assessment decisions in costs budgeted cases that had raised questions about how the court should apply an approved costs budget when determining what are reasonable and proportionate costs on detailed assessment.  The decision of Carr J on Merrix v Heart of England NHS Foundation Trust did not reach the Court of Appeal, however the decision of Maste .....continue reading

Changing Funding - The New Black

29 June 2017   Publish Date: 30 Apr 2016 Defendants have had a recent run of successes in arguing that it was unreasonable for a solicitor to change from public funding to a CFA pre-Jackson. In Surrey v Barnet & Chase Farm Hospitals NHS Trust [2015] EWHC B16 (Costs), the advice given to the Claimant was not comprehensive, particularly in relation to the 10% uplift that was charged on his damages by changin .....continue reading

Costs In The Court Of Protection

22 June 2017   Changes introduced in March 2016 are now starting to bite! In March 2016, the CoP introduced form OPG105 with the aim of controlling Deputies costs although the guidance to accompany the form was not published until months after the form came into use. The form operates in a similar way to a budget and ensures that costs are proportionate both to the issues and the estate. The form must be submi .....continue reading

The New Bill Of Costs

22 June 2017   The new bill of costs is due to become compulsory in October this year, but is it a simple question of which version? As the position currently stands, precedent AB is the bill that was prepared to match the J-codes and that is the bill currently being used in the pilot, although it appears that the pilot has yet to see many bills. However, that bill was universally disliked, so the ACL had anoth .....continue reading

Changes To The Cpr - Budgets

22 June 2017   How will the latest update of the CPR alter Costs Budgeting? On 6 April 2017, a further update was introduced to the CPR in relation to the budgeting regime, which is designed to take into account the decision of the Court of Appeal in SARPD Oil International Limited v Addax Energy SA [2016] EWCA Civ 120. The intention is to make the rules clearer that the costs being considered at a Costs and C .....continue reading

Does Costs Budgeting Trump Detailed Assessment?

22 June 2017   How should costs budgets be treated on detailed assessment? Back in February this year the decision in Merrix v Heart of England NHS Foundation Trust [2017] sought to resolve one of a number of practical problems arising from the Jackson reforms, namely the relationship between budgeting and detailed assessment.  In particular, the question being asked was whether the budgeting regime in any .....continue reading

Amendments To The Costs Budgeting Rules And Precedent H

17 April 2014   Following an amendment to CPR 3.12, all multi-track cases valued at less than £10,000,000 and commenced on or after 22 April 2014, will now be subject to the courts’ costs management and costs budgeting powers in respect of costs.  From that date cases to which cost management applies will be more clearly defined and the previous exemptions from costs budgeting, such as cases in t .....continue reading

Expert Costs Budgeting Services At A Fixed Price!

28 October 2013   The Courts’ extended powers to manage costs and the introduction of costs budgeting are now starting to bite hard.This new process is presently exempt from cases in Commercial and Admiralty Courts and also claims for damages in excess of £2 million in the Chancery Division, TCC and Mercantile Courts.  However a Civil Procedure Rules Committee consultation process is already ongoin .....continue reading

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