A recent case in the Court of Appeal has clarified part of the Law Society’s Model Conditional Fee Agreement. This is the section that deals with a client’s failure to accept advice from the solicitor in relation to settlement. Paragraph 7 (iii) (b) of the agreement includes the following – (iii) We can end this…
Qualified One Way Costs Shifting, known to its friends as QOCS, was introduced in 2013. The idea was to secure access to justice by limiting the circumstances in which a losing claimant could be required to pay the costs of the other side. In fact, there have been numerous problems with the scheme which has…
Ainsworth v Stewarts Law LLP [2020] EWCA Civ 178 There has been an important Court of Appeal decision this week in relation to Points of Dispute. The case itself involved a dispute between a Solicitors’ firm and a former client but the decision itself is likely to affect most cases where Points of Dispute are…
We were proud to be Sponsors at the 2020 Modern Law Awards Dinner at Victoria Warehouse, Manchester on Thursday, 6th February 2020. We sponsored the Marketing and Communication Strategy of the Year Award. This rewards – ‘..an integrated marketing strategy, harnessing social media to promote a firm’s success..’ This is probably one of the most…
We were proud to be Sponsors at the 2020 Modern Law Awards Dinner at Victoria Warehouse, Manchester on Thursday, 6th February 2020. We sponsored the Marketing and Communication Strategy of the Year Award. This rewards – ‘..an integrated marketing strategy, harnessing social media to promote a firm’s success..’ This is probably one of the most…
We have talked before about Qualified One Way Costs Shifting (QOCS). The idea of QOCS followed the decision to remove the rights of claimants in Personal Injury cases to recover the premium payable for After the Event insurance from the other side. This insurance was how they protected themselves against adverse legal costs if their…
Part 36 of the Civil Procedure Rules remains one of the most powerful tactics available to those involved in disputes. One thing that makes it so powerful is the combination of benefits and sanctions that concentrate the mind. This includes the 10% uplift that is available to a party which beats its own offer. Part…
Firstly, Happy New Year to all our connections. Here’s to a busy and productive 2020. So what lies in store for costs lawyers as we look ahead? The one topic that will dominate the year is the reforms introduced in the Civil Liabilities Act 2018. The main provisions of the Act which relate to RTA…
Solicitors have an extremely important protection in relation to recovery of their costs from clients. This is the Solicitors’ Lien. What it means in effect is that they have a first call on any money recovered for their client. This is an important right in those cases where it is not possible to recover all…
All solicitors know, or should know, that they are under a duty to inform their clients about how much their services will cost. Under the old SRA Handbook this was a duty to give – “the best possible information, both at the time of engagement and when appropriate as their matter progresses, about the likely…