Costs Budgeting - After The "big Bang"

13 August 2013   It has been some months since the introduction of costs budgeting to the CPR and now is the time to review where we are following this major change in costs management. The first time that the Court has looked specifically at costs budgets in the post Jackson environment Costs budgeting in libel cases under the new regime has already been tested in Andrew Mitchell MP’s ‘Plebgate&rsq .....continue reading

An Introduction To Qualified One Way Costs Shifting – ‘qocs’

28 March 2013   Introduction 1st April 2013 will see many changes to how costs in civil litigation is managed and assessed and one of the most significant changes will be in personal injury cases where successful Defendants will only be able to recover costs in personal injury claims up to the aggregate damages and interest recovere .....continue reading

Costs Budgeting - Are You Prepared?

20 March 2013    On 1st April 2013 the court’s duty to manage costs in multi-track cases will be greatly enhanced by the introduction of costs management rules and supporting practice directions.   Costs management and costs budgeting will greatly affect the assessment of costs in most civil actions allocated to the .....continue reading

Recoverability Of Success Fees And Ate Insurance Premiums – Post 1 April 2013

15 March 2013   One of the most fundamental reforms to be implemented through the Legal Aid, Sentencing and Punishment of Offenders Act 2013 (LASPO) is the abolishment of the recovery of success fees and ATE insurance premiums from losing parties by sections 44 and 46 of LASPO.  It is this reform that is central to Lord Justice Jackson’s vision of removing “unnecessary costs and to restore balanc .....continue reading

Proportionality - The End Of The Necessity Test

11 March 2013   Background     Since introduction of the Civil Procedure Rules (CPR), the standard basis assessment of costs in civil litigation has required recoverable costs to be proportionate to the matters in issue as well as reasonably incurred and reasonable and proportionate in amount.   For years the Cour .....continue reading

Jackson Reforms - Counsels Success Fee Post 1 April 2013

06 March 2013   One of the anomalies raised by the Jackson reforms concerns the recovery of success fees for Counsel entering into CFAs after 1 April 2013, in cases where the solicitor has entered into a CFA with the client before the new rules are implemented.   The intention of the rules would seem to be for Counsel’s .....continue reading

Changes To The Detailed Assessment Of Costs - Post 1st April 2013

04 March 2013   Introduction   One of the main aims of the Jackson reforms is to streamline the process for assessing costs at the end of a case.  It is thought that the current system simply takes too much time and is far too costly.   Detailed Assessment   The first mention of the assessment of costs withi .....continue reading

Provisional Assessment For Bills Of Costs Less Than £75,000.00!

01 March 2013   Introduction   Provisional assessment is the process whereby the Court will assess a party’s costs without an oral hearing.  The new CPR 47.15, published in Mid-February, introduces provisional assessment to any detailed assessment proceedings commenced in the High Court and County Courts on or after .....continue reading

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