WHAT ARE THE CHANGES? PART 36: The changes apply where the Claimant obtains Judgment against the Defendant that is at least as advantageous to the Claimant as the proposals contained in the Claimant’s Part 36 offer (Rule 36.14 (1)(b)). In this situation, under Rule 36.14 (3)(d) the Court will, unless it considers it unjust to do…
What Is It? A Damages Based Agreement (DBA) is a private funding arrangement between a representative and a client whereby the representative’s agreed fee is contingent upon the success of the case and is determined as a percentage of the compensation received by the client. Under a DBA the representative may not recover costs more…
Referral fees will be banned in personal injury cases by virtue of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). Sections 56 to 60 of LASPO make it a regulatory offence to pay or received referral fees in personal injury cases. Rules against referral fees Section 56 states that a regulated person…
WHAT IS IT? CPR 27.1 (2) Old Limit: Value of the claim not more than £5,000.00 with personal injury not more than £1,000.00. New Limit: Value of the claim not more than £10,000.00 with personal injury not more than £1,000.00. The Small Claims Track has increased its financial limit, effective from 1 April 2013. Previously,…
The Court of Appeal focused on applications for discovery as to funding arrangements made by the unsuccessful Claimants and the potential liability of solicitors for a third party costs order. In a first appeal at Norwich County Court, Eady J ordered disclosure on how the claims were funded. In both cases, the same firm of…
‘BUDGETS – ‘cost control not cost reduction’ The facts of this case are as follows; this action began on 20th February 2012 with the granting of a search order and other associated injunctive relief arising out of attempts by the first defendant, Lea Mark Adams, working with the fourth defendant, John Jones, and through the…
‘Alarm bells!!! –Just because costs are approved in the budget does not mean they are proportionate’ The case concerned a breach of contract claim that fell under the Mercantile Court costs management pilot and the budget approved by HHJ Kaye QC in Leeds. At the CCMC the Claimant’s revised costs budget totalled £129,176 and the…
‘Get your budget right!’ In Murray & Anor v Dowlman Architecture, prior to the first CMC, the parties exchanged costs budgets. The judge; Mr Justice Coulson subsequently considered the same and made a costs management order. The Claimant’s costs budget was approved in the sum of £82,500. Shortly after, the Defendant’s solicitor pointed out…
A much anticipated Court of Appeal ruling has been made public today where it upheld a stringent judgment in a landmark case which establishes the court’s post-Jackson hardline approach to costs budgeting. In a judgment released this morning, the court refused relief from sanctions to the firm representing Andrew Mitchell in his libel action over…
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…