What is the effect of the new Fixed Recoverable Costs (FRC) regime on enforcement costs clauses in commercial contracts? Is there any relevance to the contracting out of FRC?

Cost News

Louise Satterthwaite What does an enforcement clause deal with? An enforcement clause outlines how the contracting parties’ obligations, duties or responsibilities will be enforced under the contract.  They also indicate the repercussions of a failure to fulfil the contract. Prior to October 2023 parties to commercial disputes would often rely on the costs provision included…

Proportionality. What does this mean, does anybody know? Judging by the recent case law, the Judiciary seem to have their eye on it and are not afraid to flex their proverbial muscles.

Cost News

Matthew Waring Proportionality in relation to costs has evolved, the latest overhaul (or reform if you will) came in 2013 with Rupert Jackson’s report. However, many will recall the pre-Jackson Reforms “Lownds” test where necessity trumped proportionality. However, roles are reversed now and the Court’s approach to applying the current test was somewhat of a…

Charging for the work done by AI?

Cost News

Holly Archbold Given we only started to see the widespread use of generative AI in the legal industry mid to late 2023 we are only just starting to feel the impact of the legal costs trickling through even now, so it’s not a well-trodden path. How costs should be recorded/presented is case specific and depends…

Challenges to abated Counsel’s fees

Cost News

Avi Dolties Glaser and another v Atay (CA-2023-002356) This was heard by the Court of Appeal and on the 2.7.24 and judgment has been reserved. The matter relates to a financial remedy claim against by the Defendant against her husband. The Claimants were barristers engaged on a public access basis to represent her at a…

Kenig v Thompson Snell & Passmore – is this the beginning of heightened scrutiny in relation to costs of administering estates?

Cost News

Rebecca Mogford When the original Judgment was handed down last year, there were a number of questions that were left unanswered, it was hoped that the appeal would provide guidance and answer these remaining queries. Firstly, for those that aren’t aware, what was the case about? The case centred around the costs incurred in dealing…