The guideline hourly rates (GHR) should be increased by nearly a fifth if access to justice is going to be protected, the Association of Personal Injury Lawyers (APIL) has claimed. Meanwhile, City solicitors have accused the Civil Justice Council (CJC) costs committee investigating the GHR of pursuing a “flawed” approach that, if implemented, could reduce…
‘Trip Wires for The Unwary’ – When the No-Nonsense Approach to Relief from Sanctions may be Overlooked Background In this particular case, the Claimant and Defendant exchanged cost budgets seven days before the original Cost Management Conference. As it happens, the Cost Management Conference was postponed, though this had no material impact on the issue…
The committee reviewing the guideline hourly rates is set to issue a short call for evidence next month. HHJ David Hodge QC, the circuit judge member of the Civil Justice Council costs committee has said that the consultation will open at the beginning of November. Solicitors from all areas of law will have a month…
Applications on time, Please !! Once again, another reminder of Mitchell. The background of this matter is as follows: The Claimant sued the Defendant in respect of losses alleged to have been incurred as a result of a negligent property valuation. The matter was settled in November 2011. One of the terms of settlement, was…
A Warning on Funding Enquiries and Hourly Rates – Get them right or suffer the Costs Consequences Background This was a case for personal injury resulting from a tripping accident occurring in 2008. The matter was conducted by 2 parties, firstly by Falcon Legal Service ltd, through whom the Claimant trades as a sole practitioner,…
‘Finally, a down to earth approach to compliance!’ The facts of Americhem Europe Ltd v Rakem Ltd are not of major relevance. The matter reached allocation and when filing and serving the cost budgets in the form of the Precedent H, the Defendant’s Precedent H, while compliant in every other respect, was signed by the…
‘Is Proportionality still relevant?’ In Finglands Coachways Ltd v O’Hare, the Claimant was pursuing a £3m-plus claim for personal injury. However when the locus expert changed his mind regarding the version of events, the Claimant discontinued. The Defendant thereafter served a bill totalling £60,101.00 which following detailed assessment by District Judge Iyer was reduced to…
The case of Kellie v Wheatley & Lloyd Architects Ltd, a recent decision from the Technology and Construction Court, potentially increases the significance of obtaining an order for indemnity costs. During costs management the Defendant’s costs budget had been reduced from over £140,000 to £91,700. The Defendant was then successful and claimed over £166,000 in…
Imagine you have been dealing with a sizeable matter for the last few years which has recently settled. As no doubt is always the case you have run the file magnificently and your client is delighted with the result. From a professional point of view you are particularly pleased with your handling of the funding…
This case addresses the issue of the applicability and effect of the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008. The 2008 regulations apply to agreements for credit, goods or services made during a visit by the provider of that credit, those goods or services unless exempted. Solicitors’…