Rebecca Mogford As many practitioners will be aware of, the assessment of Court of Protection bills has been somewhat of an issue in the last 12 months+. There have been significant delays in the processing side and the actual assessment of the bills. However, the Court have been pro-active in trying to keep everyone up…
Rebecca Mogford Menzies v Oakwood Solicitors Ltd [2022] EWHC 3199 (KB) Just when we thought we were done for the year (and what a year it has been for Solicitor own Client cases!) another case turns up. This case centred around an Appeal over the issue of whether a client was out of time to…
Rebecca Mogford The deductions of success fees from damages involving protected parties has always been a tricky subject. Since the LASPO changes were brought in in 2013, litigators have found themselves having various questions and concerns about deductions of success fees involving protected parties – with some eventually making the decision to forgo any potential…
Rebecca Mogford As many practitioners will be aware of, the assessment of Court of Protection bills has been somewhat of an issue in the last 12 months+. There have been significant delays in the processing side and the actual assessment of the bills. However, the Court have been pro-active in trying to keep everyone up…
Jack Andrew As of Friday 18th November 2022, a number of solicitors up and down the country will have taken a sharp intake of breath and rejoiced at the fact the extension to fixed costs, proposed for introduction in April 2023, has now been postponed until October 2023. However, for those that missed it, Lord…
Rebecca Mogford First we had Belsner, then we were swiftly followed by the case of Karatysz v SGI Legal LLP [2022] EWCA Civ 1388 which I think we can safely say gave more practical guidance to Solicitors. A further re-affirming of the view in Belsner was made in this Judgment regarding the unsatisfactory view of…
Matthew Waring Dance v East Kent University Hospitals NHS Foundation Trust & Ors [2022] EWHC 2198 (SCCO) It has been a while since most Practitioners have had arguments regarding the recoverability of After the Event Insurance Premiums. As a general concept, when the law changed in 2013, the arguments from paying parties regarding the recoverability…
Rebecca Mogford We’ve all heard about Belsner, but where does the Judgment leave matters? It was quite a week for Solicitor own Client matters last week, Judgment was handed down in what was arguably “case of the year”, not just in terms of the principle and importance but in terms of the practical implications. Now…
Jessica Wiggins As we know, the Courts have a wide discretion when it comes to costs and the decisions on hourly rates, in particular, can vary wildly which can make it very difficult to predict with a high degree of certainty the likely outcome of a case on Detailed Assessment. The recent guidance from the…
Rebecca Mogford As a firm, we have seen a substantial increase in the number of Solicitor own Client disputes over the past 9 years. Whilst there have been a significant number of issues regarding “shortfall” disputes and issues that have recently been discussed in the case of Belsner, there has definitely also been an increase…