Findcharm Ltd v Churchill Group Ltd [2017] EWHC 1108 (TCC) “Some parties seem to treat cost budgeting as a form of game, in which they can seek to exploit the cost budgeting rules in the hope of obtaining a tactical advantage over the other side” Summary of the Case The Judgement on this case was…
The year 2013 was tough for the personal injury sector. A number of changes took place in so far as costs were concerned: – Further fixed costs were implemented. The 65th update amended CPR 45 and introduced Pre-Action Protocols for Low Value RTA and EL/PL claims for claims up to a value of £25,000.00. – …
In his 2016 Autumn Statement on 23 November 2016, Chancellor Philip Hammond announced a further 2% increase to Insurance Premium Tax (IPT) for policies incepted after 1 June 2017. Consequently, the new standard IPT rate will be 12% on premiums received on or after 1 June 2017 which relate to risks for which the period…
A case which clarifies the ‘special circumstance’ required for a Judge to go beyond the usual cost consequence of a solicitor/client detailed assessment Fee paying clients have the statutory right to request the detailed assessment of their solicitor’s costs once they have been served with a bill. Under Section 70(9) of the Solicitors Act 1974,…
Recent Case Law supports that all reasonable offers need to be accepted to avoid costs sanctions There has recently been a review of the cases that refer to mediation. It is apparent that more and more parties failing to participate in ADR mediation now face costs sanctions. The Courts have highlighted the advantages of mediation…
The new fixed costs regime was brought in over 3 years ago, the new regime captured claims with values up to £25,000.00 and claims which had been litigated; such claims would not have been subject to the ‘old’ predictive costs II ROAD TRAFFIC ACCIDENTS – FIXED RECOVERABLE COSTS which runs from CPR 45.9 to CPR…
Jackson LJ is continuing his enquiries into extending the fixed costs regime and to this end he recently chaired a fixed recoverable costs seminar in Birmingham on 16 March 2017. There were four speakers at the conference at the conference who offered their views on the proposals to extend the fixed costs regime; His Honour…
A case concerning the circumstance when a costs order will be made against a director personally There are circumstance when the Court can exercise its discretion and award the costs of litigation against a non-party. In this case a dissolved company (the Claimant) sought a limitation direction in order to recover disputed invoices rendered to…
A case in which costs were slashed as a result of poor conduct on the part of the receiving party during cost litigation. When I studied Civil Litigation on my LPC, I had already been drafting Bills of Costs for almost 2 years, though I didn’t consider myself particularly experienced. I was surprised therefore, when…
A case which sheds light on when litigation services are deemed to have commenced and the impact this has on retainers At the end of March 2013, many clients were signed up by Claimant solicitor practices in order that they be able to fund their claim via pre-LASPO arrangements. Most significantly allowing for the recovery…