This is the first of a short series of posts that will deal with deductions from damages in Conditional Fee Cases. There has been a lot of talk about CFAs and in particular the calculation of success fees. This has largely been driven by the 2019 Court of Case of Herbert v HH Law [2018]…
It still looks like the whole world of Road Traffic Accident claims will change at some point in 2021 – April is the plan at the moment. The limit for Small Claims, and therefore recovery of legal costs, in all Personal Injury cases will go up to £2k. Alongside this, the limit for RTA claims…
A recent judgment from Costs Judge Gordon-Saker covers some interesting areas of costs recovery. Marbrow v Sharpels Garden Services Ltd [2020] EWHC B26 (Costs) raised three particular issues – 1. Are the caps on recoverable under 7.2 of Practice Direction 3E of the Civil Procedure Rules 1998, inclusive of VAT? The PD says – ‘the…
The role of the Costs Lawyer features in the recent report – Reforming legal services: Regulation beyond the echo chambers – from Professor Stephen Mayson. This wide ranging report covers all aspects of the regulation of legal services. In the report he highlights the specialist nature of legal costs work which is often carried out…
A recent judgment reminds us – if reminder was needed – of the critical importance of filing a costs budget on time and to comply with directions. Heathfield International LLC v Axiom Stone London Ltd & Medicall Ltd [2020] EWHC 1075 (Ch) – Link The case involved an action against solicitors for unpaid medical fees…
In the recent case of Morrow v Shrewsbury RUFC Ltd an interesting question arose where a claimant received an award for future loss of earning that was far less than he had claimed. The claim was for just over £1m and the award was just over £285k. Morrow v Shrewsbury RLFC It was found that…
A recent judgment emphasises the need for realistic consideration of ADR in litigation – DSN v Blackpool Football Club Ltd – https://www.bailii.org/ew/cases/EWHC/QB/2020/670.html The case involved allegations of sexual abuse. The football club robustly defended the case. At the trial on 13th March 2020, the Claimant succeeded. The Defendants were vicariously liable and ordered to pay…
It has become clear in recent years that orders for interim costs are vital in long running and high costs cases. Effective cash flow management has become even more important during the current coronavirus outbreak which have placed an additional strain on the income of solicitors. The entitlement to interim costs has been the subject…
Hands up if you are already fed up with talk of the dreaded coronavirus. It almost makes you nostalgic for Brexit – well maybe not! But joking apart, this is a time when many solicitors firms are rightly concerned about the next few months. How will they cope with sickness, self-isolation, sending staff home to…
In a case reported in Litigation Futures, a medical expert has been ordered to pay costs of £89,000. Remarkably the expert, Mr Jamil was “wholly unable to articulate the test to be applied in determining breach of duty in a clinical negligence case” Unfit expert hit with £89k third-party costs order In another case there…