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Harmans Costs Brief – October 2013
Our latest Costs Brief is available to read right now featuring articles on the Part 8 procedure, the post Jackson landscape and more… http://eepurl.com/GA1M9
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Post Jackson: any changes?
The new legal landscape has now been traversed for the best part of 6 months so what has changed? On the face of it not too much; the simple reason being the majority of the changes introduced were not retrospective and it is the cases…
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Replies to points of dispute and Provisional Assessment
You are faced with points of dispute to your bill which totals less than £75,000. The bill and notice of commencement were served on the paying party post 1/4/13. As we know the bill will be provisionally assessed. Despite the bill being comprehensive, replies are…
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New vacancy – senior costs draftsman/costs lawyer
We are currently looking for a senior costs draftsman/costs lawyer for our Aylesbury office to assist with our increasing workload. The successful candidate must be able to use CostsMaster or be willing to learn. If you are interested in applying for this position please send…
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Harmans costs seminar presentation notes
If you couldn’t be there on the day, here’s a copy of Matthew’s presentation notes: Harmans seminar presentation notes
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Costs seminar feedback – 27 September at The Law Society
Just some of the feedback following our costs seminar last week: “Extremely useful and very practical.” “Matthew is a very engaging and knowledgeable speaker.” “Very helpful and insightful course.” “Matthew is a sound speaker – he always has pearls of wisdom to impart!” “It proved…
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Tags: Costs Brief
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The recovery of costs “incidental” to proceedings
Legal fees incurred in connection with a claim cannot be claimed as damages from the opposing party. They fall within the Court’s sole jurisdiction and discretion to award costs should litigation ensue. It is a well established principle that legal costs incurred before an action…
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Costs update – 5/9/2013
CASE LAW CRM TRADING LTD v CHUBB ELECTRONIC SECURITY LTD (2013) http://www.lawtel.com/MyLawtel/Documents/AC9401388 QBD (Merc) (Judge Mackie QC) 04/09/2013 CIVIL PROCEDURE – COSTS (LTL) COSTS BUDGETS : VARIATION : CONTESTED COSTS BUDGET: APPROPRIATENESS OF REDUCING BUDGET Whilst it was rare for costs budgets to be contested,…
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Plebgate…
I am quite sure that by now all of our followers are aware that under the new rules (with the notable, and quite frankly in my opinion cynical, exception of the Commercial Court and budgets in excess of £2m in the TCC, Mercantile and Chancery…
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Harmans breakfast seminar – Friday 27 September at The Law Society
Our latest seminar is quickly getting booked up, if you haven’t already booked your space then do it now! The seminar will focus on the Jackson reforms 6 months on. We will be holding two sessions: 9.15-10.30am and 10.45-12.00pm. Each session carries 1 CPD point.…
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CPR update 66 from October and at last clarification re costs of provisional assessment
http://www.legislation.gov.uk/uksi/2013/1974/pdfs/uksi_20131974_en.pdf
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Case round up by Gary Knight
At the time of writing it has been 4 months since J-Day (Jackson Day) and thus far the seas have not boiled and the 4 horsemen of the apocalypse have not been spotted riding through the new costs landscape but it is still early days.…
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Brain injury victims may lose out on vital compensation warns Law Society
Personal injury victims who suffered brain damage as a result of their accident should ensure they seek the advice of a specialist personal injury solicitor who is experienced in the specific challenges their claims can bring. Vulnerable individuals who often have especially complex claims will…
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Jackson Reforms – 30% Fall in Claims Management Companies
The number of claims management companies registered to handle personal injury claims has fallen by 30% in just over a year, the Ministry of Justice has reported. According to the MoJ’s Claims Management Regulation unit, there were 1,700 such companies in June 2013, down from…
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The London Legal Walk fundraising total has passed the £500,000 mark
The London Legal Walk fundraising has passed the £1/2 million mark – and it’s still coming in say the London Legal Support Trust. Well done walkers! You can see future LLST fundraising events here – http://www.londonlegalsupporttrust.org.uk/our-events/
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The 63rd update to the Practice Directions
The 63rd Update to the Practice Directions, dealing with amendments to the Pre-Action Protocol for Judicial Review came into effect on 1 July 2013. It amends CPR 52 and 54 and implements the Government’s curtailment of judicial review proceedings reflecting the new reduced time limits…
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Claimant solicitors beware!
The ‘Doorstep Regulations’ and Defective CFAs continue to cause problems for Claimant Law Firms Ridge v Lupton & Place Limited – DJ Obodai, Manchester County Court Following the successful settlement of the Claimant’s claim for damages against his former employer in August 2011, the…
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Guidance issued by CCMCC Salford about use of Form H
Following concerns raised by practitioners about the County Court Money Claims Centre (Salford Business Centre) regarding the incorrect issuing of the new Form H, the following guidance was recently given by the Centre Manager: “Further to your e-mail and discussion at the stakeholders meeting on…
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Without Prejudice Costs Negotiations and Costs Schedules remain inadmissable
Defendants, normally backed by Insurers, continue to take the point that a mere discrepancy between a “Without Prejudice” Schedule (with no certification) and a Bill of Costs constitutes unambiguous impropriety. They then usually argue as a preliminary issue in Points of Dispute that such Bills…
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The funeral of Lee Rigby will take place on Friday 12 July 2013
We invite all our friends and colleagues to hold a two minute silence as a mark of respect from 11:00 to 11:02 on that date.
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Harmans Costs Brief – July 2013
Read our latest Costs Brief – it’s a good one! http://eepurl.com/AzNzX
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Are Budgeted Costs Automatically Reasonable?
The answer to this question appears to be no in light of the recent case of Troy Foods –v- Manton [2013] EWCA Civ 615, in which Lord Justice Moore-Bick gave permission to appeal a costs management order made by HHJ Kaye QC in the Leeds…
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Post-Jackson Rules: Ongoing Costs Uncertainty
The Summary of the changes to Part 47 on the Ministry of Justice’s website states, in relation to points of dispute/replies, that they must be “short and to the point”: The rules relating to assessment of costs are redrawn to ensure that material presented to…
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Tags: costs budgets
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Association of Costs Lawyers survey results
The second annual survey of members of the Association of Costs Lawyers (ACL) has found them in a noticeably more optimistic mood about their own future post-Jackson than they were this time last year. Click the link below for the survey findings. http://www.litigationfutures.com/news/survey-costs-specialists-predict-disputes-solicitors-clients
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Treasury Counsel Raise Concerns Over Legal Aid Cuts
The letter, which can be read in full here on the Legal Aid Changes site (along with the full list of signatories), said: “As barristers who regularly act for central government departments in public law cases, we are well aware of the ways in which…
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The future – just how will the Judges manage?
From attending numerous seminars on costs over the past few months and having attended the recent Association of Costs Lawyers Annual Costs Conference it is clear that there is a collective will on the part of the judiciary to get to grips with managing cases…
