Rebecca Mogford As many practitioners will be aware, the assessment of Court of Protection remains an issue. 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 to date with their service user updates. Whilst we all…
Rebecca Mogford When the original Judgment was handed down last year, there were a number of questions that were left unanswered, it was hoped that the appeal would provide guidance and answer these remaining queries. Firstly, for those that aren’t aware, what was the case about? The case centred around the costs incurred in dealing…
Rebecca Mogford As many practitioners will be aware, 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 to…
Rebecca Mogford Court of Protection – Post Death update from the SCCO As you may be aware, Costs Judge James and Costs Judge Whalan have provided some guidance recently on how to deal with costs following the death of P. The note was produced following consultation with the Court of Protection and clarifies how to…
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 The current position for Claimant practitioners is that Defendants are not currently able to set off their costs against both the Claimant’s damages and costs. The decisions in Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654; [2018] 1 WLR 6137 and Ho v Adelekun [2021] UKSC 43; [2021] 1 WLR 5132 were…
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…