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BAILII Citation Number: [2020] EWHC B18 (Costs)
Senior Costs Judge’s approach to a claim from Central Funds with guidance given as to rates and items that can/cannot be recovered on assessment. https://www.bailii.org/ew/cases/EWHC/Costs/2020/B18.html
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COVID-19: our contingency plans
During these unprecedented times we wanted to reassure you that as a firm we have taken every measure to ensure the health and safety of our staff whilst maintaining business continuity for our clients. Harmans is fully operational with all of our staff working remotely. We…
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March/April 2020 – CPR changes
Various upcoming CPR changes are set out in the Civil Procedure (Amendment) Rules 2020, SI 2020/82 and come into force on 30 March 2020 and 6 April 2020. The amendments are relatively minor and technical in nature and cover six matters, namely the entry of default…
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March/April 2020 – Practice Direction updates
The Ministry of Justice has signed the 113th update – practice direction amendments, which makes amendments to various practice directions supplementing the Civil Procedure Rules (CPR). The amendments, which come into force variously on 31 March 2020 and 6 April 2020, cover the following practice…
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Important notice
Update: Power is back on in the office via the generator and we’re expecting the power to be fully back by the end of the day. Thank you for bearing with us. Unfortunately there’s no power in the Harmans office this morning. We’re working hard…
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Harmans are hiring
We are currently looking for a costs draftsman or costs lawyer with 2-4 years’ experience for our Waltham Abbey office. If this is of interest please send your details and CV to enquiries@harmanscosts.com.
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Harmans Costs Brief – December 2019
Well that went quickly, welcome to the final Costs Brief of 2019 and in fact the decade! Partner and Costs Lawyer Mathew Knight takes a look at costs budgeting decisions on paper during the substantive case and how this affects the recovery of costs. We…
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Costs budgeting decisions – impact on recovery of costs
In the case of Easteye Ltd -v- Malhotra Property Investments Ltd & Ors [2019] EWHC 2820 (Ch), Deputy District Judge Pescod made an order without an oral hearing in relation to costs management in this action on 3 May 2019. At paragraph 5 of his…
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Precedent H guidance notes updated
The guidance notes for Precedent H have been updated to support the changes made in the 109th update of the CPR. These draw the line between costs incurred up to and including the date of the first costs management hearing (incurred costs) and costs to…
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Harmans Costs Brief – October 2019
This month’s Costs Brief features an in-depth look at some recent judgments which caught the eye of Gary Knight. Plus there are details of the latest CPR update which clarifies the cut off between budgeted and incurred costs. We hope you find the latest Costs…
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Case law update – September 2019
The last couple of months have presented numerous judgments, far too many to cover here though the following caught the eye of Gary Knight: Vivek Rattan v Carter Ruck – SCCO 20/05/19 (amended 19/07/19). Before Master Leonard an assessment of costs between solicitor and client.…
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Harmans Costs Brief – July 2019
This month’s Costs Brief considers the historical development of Part 36 and the distinction between substantive proceedings and the costs of the assessment proceedings. The recovery of mediation costs is also covered along with the new discount rate for PI claims. Plus there are details…
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The Role of Specialist Costs Counsel in Judgments
In the matter of Evelyn Horne v Prescot (No. 1) Ltd – [2019] EWHC 1322 (QB), Jamie Carpenter (Claimant/Respondent) was pitched against Benjamin Williams QC (Respondent/Claimant) in a matter before Mr Justice Nichol on 7 May 2019 (judgment 24 May 2019). The issue An appeal…
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Recovery of mediation costs
Reasonable and proportionate costs incurred in seeking settlement or engaging in negotiation are recoverable in the usual way (Civil Procedure Rules PD 47 para 5.12(8)). The Court also has jurisdiction to make an order in relation to the costs of a failed mediation (Chantrey Vellacott v The…
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Lord Chancellor announces new discount rate for personal injury claims
The Lord Chancellor has announced a change to the way personal injury compensation payments are calculated – setting the Discount Rate at minus 0.25%. The current rate of minus 0.75% has led to concerns that claimants were being substantially over-compensated, increasing financial pressure on public…
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London Legal Walk – 17 June 2019
Once again, Harmans fielded a team of walkers for the annual tradition that is the London Legal Walk. Partners Gary Knight, Steve Jones, Mathew Knight and James Scott were joined by Marketing Manager Vikki Knight and two keen guest walkers, Faye Kitchener and Rachel McGregor.…
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Harmans Costs Brief – June 2019
This month’s Costs Brief covers two significant rulings – the recent High Court ruling on Proportionality which saw costs slashed and the Allen ruling which rejected a challenge to a costs lawyer’s delegation of work to non-costs lawyers on their staff. Also featured are the latest amendments…
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MXX – Costs of the Costs Management Process disallowed
Costs of the Costs Management Process disallowed where the hourly rates put forward in the Costs Budget were significantly higher than those claimed in the Bill of Costs. In MXX v United Lincolnshire NHS Trust [2018] EWHC B23 the Costs Budget included an hourly rate…
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Harmans Costs Brief – March 2019
This month’s Costs Brief has been taken over by Gary Knight who looks at some recent costs related decisions and highlights, among other things, the importance of seeking an interim payment in respect of costs at the conclusion of the case as well as the…
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Legal costs update by Gary Knight
As prepared by Partner and Costs Lawyer Gary Knight for the next edition of Litigation Funding magazine. October 2018 saw a flurry of costs related decisions and I could not bid farewell to 2018 without comment: Stephen John Culliford (1) Dawn Lane (2) -v- Jocelyn…
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Voluntary Capped Costs Pilot: Fee Breakdown
The pilot will run for two years from 14 January 2019 for cases valued at between £100,000 and £250,000. The final rules have now been approved and the costs will be set out at the end of the new Practice Direction 51W as follows: Work…
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Harmans Costs Brief – December 2018
In this month’s Costs Brief Gary Knight analyses two recent costs cases, one in which solicitors were given another reason to have sleepless nights and one which resulted in a successful costs management order appeal. Meanwhile, Mathew Knight takes a look at defamation and the…
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Specialist Costs Expertise in Defamation Claims
What is defamation? Defamation is the publication to a third party of a statement about you which has caused or is likely to cause serious harm to your reputation. The defamatory publication will either be a libel or a slander. What is libel? Libel relates…
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Successful costs management order appeal
With thanks to Tom Jenkinson at Bolt Burdon Kemp for kindly making the full judgment available. Yirenki v MOD – QB/2018/0134 – 2 November 2018 Appeal to Mr Justice Jacobs against a decision made at Costs Case Management hearing. The decision may be one that…
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Court of Appeal: Statute bills do not have to include profit costs and disbursements
In March 2017, Master James gave Solicitors one more reason to have sleepless nights when dealing with the matter of: Richard John Slade (trading as Richard Slade and Company) -and- (1) Jugmohan Boodia (2) Deoranee Boodia At the hearing of the claim Master James directed…
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Harmans are moving!
We’re excited to announce our move to a fabulous new office just up the road from our current premises in Waltham Abbey. From Monday 3 December 2018 our new address will be: Warlies Park House, Horseshoe Hill, Upshire, Essex EN9 3SL Our new telephone number will be: 01992…
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Harmans Costs Brief – October 2018: clinical negligence focus
This month’s Costs Brief has a clinical negligence focus, Partner and Costs Lawyer Matthew Harman discusses hourly rates in clinical negligence cases and details why it is not often that Claimant lawyers put their heads above the parapet on hourly rates these days. We also…
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Part 8 Application Fees: Avoid Common Court Errors
http://www.civillitigationbrief.com/2018/08/28/the-correct-fee-on-a-part-8-application-dont-let-the-court-staff-make-you-hand-over-money-for-nothing/ Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Zenith Chambers, Leeds, & Hardwicke, London
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Matthew Harman discusses hourly rates in clinical negligence cases
JXA v Kettering General Hospital NHS Foundation Trust (2018) EWHC 1747 (QB) It is not often these days that Claimant lawyers put their heads above the parapet on hourly rates. That is in part in case a decision is given which will be thrown back…
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Pound for Pound Orders: LKH -v- TQA AL Z [2018] EWHC 2436 (Fam)
In July 2018, Mr Justice Holman injuncted a husband from paying any further money (whether for their profit costs or disbursements) to any firm of solicitors practising in England and Wales instructed by him (or any counsel instructed by him on a Direct Access basis)…
