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…
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…