Keep an eye on your costs! Unfortunately, gone are the days when solicitors could simply focus their attention on best representing their client, without the need to regularly scrutinise the level of costs being incurred. Solicitors need to now multi-task or alternatively, I would suggest they get in touch with their cost draftsman. With effect…
The Court of Appeal’s decision of Cox v Woodlands Manor Home [2015] EWCA Civ 415 has highlighted the importance of compliance with consumer cancellation regulations and its potential fatal implications for the recovery of costs. The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 (“the 2008 Regulations”) apply to consumer contracts made…
The recent High Court Judgment of O’Brien V Shorrock & The MIB [2015] addresses the issue of the information which is required to be provided in the Notice of Funding regarding the date of the Conditional Fee Agreement. The Claimant’s solicitors had entered into (signed) a Conditional Fee Agreement with the Claimant’s Litigation Friend on…
Liability for costs of Detailed Assessment proceedings where a settlement offer has been rejected and the outcome of Detailed Assessment is only marginally better than the offer. This appeal related to the decision of a Costs Master who ordered the Appellant, who won the litigation, to pay the costs of the detailed assessment proceedings. The…
Definition of a Contested Trial The Claimant was involved in a Road Traffic Accident. The Second Defendant was driving the Claimant’s vehicle when it collided with the First Defendant’s vehicle. Liability for the accident was disputed between the First and Second Defendant. Directions were given for allocation of a consolidated action to the Fast Track…
The definition of disease within the meaning of CPR s.45 This issue central to this claim is whether a Non-Freezing Cold Injury (NFCI) could be classified as a disease for the purposes of satisfying CPR s.45. The Claimant, a soldier, sustained NFCI whilst undertaking cold weather training in Norway, despite having alerted the army doctor…
Relief from Sanctions This appeal was brought following three decisions handed down by Master Haworth on detailed assessment of the Claimant’s costs. The first decision confirmed that the Claimant had failed to provide a CPD 32.5(2)(c) compliant statement of additional liabilities, the second decision related to Master Haworth’s decision to refuse relief from sanction under…
CFAs and the cancellation of contract regulations This particular case concerned the Judgment on a preliminary point in Detailed Assessment proceedings, regarding The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008 and the application of the same to a CFA that limited the costs that the Solicitor could…
Overview by Vikki Weinrich-Cooke This case involved issues relating to a Claimant’s freedom to instruct a solicitor of his own choosing as provided for under EU Directive and Statute. The circumstances at first instance related to the Appellants’ restriction of freedom of choice as prescribed by Statute. The Appellants had the benefit of Legal Expenses…
This case is an early example of the Court’s approach to costs management and budgeting and indicates the approach the courts will take when considering whether to depart from approved costs budgets. The case was conducted under the Defamation Scheme set out in Practice Direction 51D and although the claim settled shortly before trial, both…