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No relief from sanctions – beware the shape of things to come
Venulum Property Investments Ltd v Space Architecture & Others [2013] EWHC 1242 (TCC) Mr Justice Edwards-Stuart recently refused an application by the Claimant for permission to extend time for service of particulars of claim, noting the “stricter approach that must now be taken by the…
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Extending the Road Traffic Accident Personal Injury Scheme
On 27 February 2013, the Government announced its decisions with regard to the implementation of the extended Road Traffic Accident (RTA) scheme. Accordingly, amendments to the fixed recoverable costs (FRC) regime in respect of the existing scheme (RTA up to £10,000) began on 30 April…
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Have you seen the new Law Society model CFA and advice?
http://www.lawsociety.org.uk/Advice/documents/Amended-model-conditional-fee-agreement/ http://www.lawsociety.org.uk/advice/articles/civil-justice-reforms-update/
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Access to Justice – Concerns over judicial review curbs
Immigration lawyers express dismay at government’s proposals http://www.newlawjournal.co.uk/nlj/content/concerns-over-judicial-review-curbs
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DBAs to be amended
MoJ considering improvements to damages based agreements system http://www.newlawjournal.co.uk/nlj/content/contingency-fees-u-turn-horizon
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Harmans Costs Brief – May 2013
To read our latest Costs Brief and to subscribe to future issues just click the link below: http://eepurl.com/yiuvn
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Part 36 offers made in respect of Costs after 1 April 2013
The new rules governing Part 36 offers made in respect of costs do not apply to detailed assessments “commenced” before 1 April 2013. The transitional provision concerning Part 47.19 offers confirm this. They can be found tucked away in the Transitional Provisions to the Civil…
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Steve Jones speculates on some of the consequences of the Jackson reforms
The Jackson reforms have brought about widespread unease amongst Claimant solicitors, concerned understandably as to the continued viability of their existing business models. These reforms have been imposed upon the legal industry as a consequence of perceived market failure, deemed to be manifested in an…
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The Legal Aid Sentencing and Punishment of Offenders Act 2012 (“LASPO”)
The Legal Aid Sentencing and Punishment of Offenders Act 2012 (“LASPO”) LASPO represents the most profound change in the provision of Legal Aid for decades. It repealed the Legal Aid aspects of the Access to Justice Act 1999 and brought in an entirely new statutory…
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Flatman -v- Germany
The long awaited and much anticipated judgment from the Court of Appeal has been provided in the matters of Flatman –v- Germany and Weddall v Barchester Health Care. Two unrelated matters where the Claimants lost their cases, both were advised under a CFA but had…
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Harmans Costs Brief – April 2013
Our very latest Costs Brief is out today – to read it and subscribe to future issues just click the link below… http://eepurl.com/w4PLT
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New model conditional fee agreement
From 1 April new rules on conditional fee agreements (CFAs) come into force. Clients who enter into a CFA on or after 1 April will have to pay the success fee and any after-the-event (ATE) premium from their damages. These changes have been brought about…
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Gary Knight’s comprehensive summary of the new Practice Direction Amendments
Gary Knight gives us his view on the new Practice Directions 130314 New costs rules published The Civil Procedure GK
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Burford Capital prepared to underwrite experts fees in exchange for “a slice of the winnings”
130312 Burford set to benefit as legal costs system shaken up JK
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Harmans Costs Brief – March 2013
Our new Costs Brief has landed today, read and subscribe to future issues by clicking on the link below. Don’t forget to tell us what you think – we’re always open to suggestions for future articles. http://eepurl.com/wfa_X
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CFA with Counsel post 1 April 2013
I have a CFA with my client already. What if I wait until after 1st April to ask counsel to sign up? Currently there is a great deal of debate and uncertainty concerning the recovery of Counsel success fees and ATE premiums incurred after 1…
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Leading Counsel’s Fees in Legal Aid Cases
Chris Grayling’s need to trim £1 billion from the legal aid budget has caused him to attack the fees being paid to silks in legal aid cases. Frances Gibb in an article on the topic in The Law Page of The Times quotes what Chris…
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Costs in Occupational Disease Claims
Industrial Disease cases exiting the portal go straight to open costs and are not the subject of Fixed Recoverable Costs; either they will be in the portal or in the open costs regime. Chris Grayling has written to the Master of the Rolls to confirm…
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BBC News – Lord Neuberger, UK’s most senior judge, voices legal aid fears
http://www.bbc.co.uk/news/uk-21665319
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The 60th update to the CPR is now posted on the MOJ link
http://www.justice.gov.uk/courts/procedure-rules/civil#60 including the Practice Direction published in the week and the NEW Precedents as follows: Schedule of future costs precedents A: Model form of bill of costs F: Certificates for inclusion in bill of costs G: Points of Dispute and Reply H: Costs Budget H: Cost budget…
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Unsurprising win for insurers…
…doubt that we’ll see our premiums reduced though. http://www.lawgazette.co.uk/news/high-court-throws-out-rta-fees-cut-challenge
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Matthew Harman’s critical report on new Precedent H guidance featured on Litigationfutures.com
http://www.litigationfutures.com/news/new-precedent-h-guidance-recipe-confusion-uncertainty
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Matthew Harman’s damning verdict on new Precedent H guidance notes
130226 Precedent H guidance comments MH Guidance notes on precedent H Precedent H
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Form H – more questions than answers…
Some of our followers may be interested to know that here at Harmans we have been preparing our bills, of late, in such a way as to enable us to trial the use of the Form H (in its current form) as a costs management…
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Practice Direction changes
We understand that the latest revisions to the Practice Direction (60th) are released today. Despite our attempts to track them down on the official channels they are still missing from the Justice website. For a sneak preview the draft can be accessed via Neil Rose’s…
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Costs Judge Appointment – Rowley
The Queen has appointed Jason Rowley to be a Taxing Master of the Senior Courts on the advice of the Lord Chancellor, the Right Honourable Christopher Grayling MP. The Right Honourable The Lord Judge, Lord Chief Justice of England and Wales has assigned him to…
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Harmans Costs Brief – February 2013
Read our brand spanking new e-newsletter here, let us know what you think!http://eepurl.com/uXYdj
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New Costs Rules
Read the new costs rules here: http://www.legislation.gov.uk/uksi/2013/262/contents/made
