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Electronic bills sparked fear
The electronic bill of costs has caused panic and denial among judges and solicitors, but matters are improving, research shows. Both solicitors and judges warned that they did not feel prepared for the electronic bill of costs when it became compulsory in April. In an Association…
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Harmans Costs Brief – September 2018: asbestos focus
This month’s Costs Brief has an asbestos focus, Partner and Costs Lawyer Steve Jones discusses hourly rates in mesothelioma cases and how you can make sure you get paid properly for the work you do on them. We also cover the Civil Liability Bill and…
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Queen’s Bench Division Guide: 2018 edition
On 21 August 2018 the sixth edition of the Queen’s Bench Guidance was published replacing the previous guidance notes and is effective immediately. A copy of the 188 page guide can be accessed here: https://www.judiciary.uk/publications/the-queens-bench-guide-2018/
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Deadline tomorrow 24 August for submissions for LASPO Part 2 government review
Part 2 of the LASPO Act: Litigation Funding and Costs MoJ Survey – DEADLINE TOMORROW 24 AUGUST 2018. The Ministry of Justice is undertaking a post-implementation review of Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). This relates to…
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18 law firms report hacking attempts in the past 2 years
The National Cyber Security Centre (NCSC), part of GCHQ, yesterday published its first report on the growing cyber threat to the legal profession. It said that while the primary threat stemmed from cyber criminals with a financial motive, “nation states are likely to play an increasingly…
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Hourly rates in mesothelioma cases
Claims for mesothelioma victims can be differentiated fairly easily from the generality of personal injury matters and historically there has been a degree of acceptance by Costs Judges and some insurers that the specialist work involved commands an enhanced hourly rate. Mesothelioma claims (but not…
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London Legal Walk – 21 May 2018
Once again Harmans fielded a team of walkers for what proved to be another balmy evening’s walk around the centre of London. Partners Gary Knight, Steve Jones, Mathew Knight and James Scott were joined by Marketing Manager Vikki Knight and two keen guest walkers, Faye…
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No “good reasons” to depart from budget – Part 2
Whether a reduction in the hourly rates applied to the incurred costs within a bill is a good reason to apply the same reduced rates to the ‘budgeted’ costs (i.e. future costs) in the same bill – Part 2 Following on from Mathew Knight’s previous…
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Hourly Rate Reductions: Incurred vs Budgeted Costs
This question was considered by Master Nagalingam at a detailed assessment hearing which took place on 11 & 12 October 2017 in the case of Rebecca Elizabeth Nash (PR of the Estate of Graham Robert Wood (Deceased) -v- the Ministry of Defence (SCCO Ref: NEWM1703873).…
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A litigant in person must comply with the CPR – Barton (Appellant) v Wright Hassall
Supreme Court decision with regard to a Litigant in Person and the CPR. Purported service of claim (alleging negligence against solicitors) by e mail. Just because not represented does not mean rules do not apply. Link to full judgment and press release: https://www.supremecourt.uk/cases/uksc-2016-0136.html
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LOWIN v W PORTSMOUTH & CO LTD (2016) Neutral Citation Number: [2017] EWCA Civ 2172
The Claimant had successfully appealed a decision of Costs Judge Master Whalan in respect of the costs of a detailed assessment that concluded at provisional assessment stage. The issue at stake was whether CPR 36.17(4) could dislodge the cap set out in 47.15(5). Rule 47.15(5)…
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Court of Protection Rules 2017
As of 1 December 2017, the Court of Protection Rules 2017 came into force. The Rules are now in the same format as the Civil Procedure and Family Procedure Rules. The new look Court of Protection Rules will also incorporate those rules relating to case…
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MPs blame ‘defensive’ NHS culture for spiralling claims costs
Article courtesy of John Hyde at The Law Society Gazette: https://www.lawgazette.co.uk/news/mps-blame-defensive-nhs-culture-for-spiralling-claims-costs-/5063937.article
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Budana v Leeds Teaching Hospitals NHS Trust: Costs Appeal
Before LADY JUSTICE GLOSTER Vice President of the Court of Appeal, Civil Division LORD JUSTICE MCFARLANE and LORD JUSTICE HICKINBOTTOM – 5 December 2017 Much anticipated guidance provided for the profession to the question of when a conditional fee agreement (CFA) can be assigned from…
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Court of Appeal finding of fundamental dishonesty
In Howlett v (1) Davies (2) Ageas Insurance Limited [2017] EWCA Civ 1696 the Court of Appeal found that the Court was entitled to make a finding of fundamental dishonesty even though dishonesty or fraud had not been specifically pleaded in the defence. Following a…
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Proportionality – still no further forward
Earlier this month, the Court of Appeal handed down the long awaited case of BNM v MGN Limited [2017] EWCA Civ 1767. The judgment was significant in that it overturned Master Gordon-Saker’s decision that the new test of proportionality applied to additional liability claims in…
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Harmans Costs Brief – November 2017
Costs Brief is back! In this issue we look at a recent decision in the Court of Appeal which overturned a Senior Costs judge’s ruling on proportionality. We also discuss the importance of providing a client with an accurate costs estimate during a claim and Matthew…
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Breaking down barriers
Matthew Harman offers a personal reflection on the ACL’s 40th anniversary after serving for 22 years on Council, as chairman and as honorary president. Costs Lawyer mag Nov-Dec 2017 pg 10-11
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It is essential for solicitors to provide accurate estimates to their clients during proceedings
The following case addresses how estimates provided by a firm of solicitors to their client during a property dispute claim effects the costs recoverable by that firm on a Solicitors Act assessment when the total costs claimed significantly exceed the estimates provided. Mark Andrew Harrison…
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Increased costs budget approved at trial
JSC Mezhdunarodniy Promyshlenniy Bank and Another v Pugachev and Others [2017] EWHC 1853 (Ch) This decision concerned a late Application for an increase of £84,000 for budgeted costs partway through trial to cover extra costs to be incurred by the Claimant by reason of the…
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BNM -v- MGN Limited
This case was one of the first cases to really demonstrate the power of CPR 44.3 (2) (‘Jackson test of proportionality’), which states: Where the amount of costs is to be assessed on the standard basis, the court will – (a) only allow costs which…
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Sanction for non-payment of the trial fee by the Claimant = Automatic Strike Out
CPR 3.7A 1(7) provides that if the trial fee has not been paid on or before the trial fee payment date, then the claim will automatically be struck out without further order of the court, and unless the court orders otherwise, the Claimant will be…
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Security for Costs Applications and ATE funding
Premier Motorauctions Ltd (in liquidation) and Premier Motorauctions Leeds Ltd (in liquidation) -v- PricewaterhouseCoopers LLP and Lloyds Bank Plc [2016] EWHC 2610 (Ch) In a decision handed down on 24 October 2016, the High Court confirmed that ATE insurance can be sufficient to successfully resist…
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R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51
“The question whether [Court and Tribunal] fees effectively prevent access to justice must be decided according to the likely impact of the fees on behaviour in the real world. “Fees must therefore be affordable not in a theoretical sense, but in the sense that they…
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Any case allocated to the Multi-Track ceases to be subject to fixed costs
It is worth remembering that following the decision in Qader & Others v Esure Services Ltd [2016] EWCA Civ 1109 any case allocated to the Multi-Track ceases to be subject to fixed costs. That decision is now enshrined in rule 8(1) of the Civil Procedure…
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Costs management – Costs Lawyer magazine July/August
A look at Costs Management in the latest Costs Lawyer magazine featuring comment from Matthew Harman. Costs Lawyer mag July-Aug 2017 pg 14-15 Costs Lawyer mag July-Aug 2017 pg16-17
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Review of Civil Litigation Costs: Supplemental Report – Fixed Recoverable Costs
https://www.judiciary.gov.uk/publications/review-of-civil-litigation-costs-supplemental-report-fixed-recoverable-costs/
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Supreme Court quashes Employment Tribunals and the Employment Appeal Tribunals Fees Order 2013
In R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51 a seven member Supreme Court unanimously allowed UNISON’s appeal and quashed the Employment Tribunals and the Employment Appeal Tribunals Fees Order 2013. As a result, Employment Tribunal and Employment Appeal Tribunal fees…
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Sir Ian Burnett selected to be next Lord Chief Justice
Sir Ian Burnett has been appointed Lord Chief Justice of England and Wales from 2 October 2017, taking over the role upon the retirement of Lord Thomas of Cwmgiedd. Sir Ian is expected to serve for at least four years in the most senior judicial…
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Fixed Costs, Budgets and the Bill of Costs
Partner and Costs Lawyer Gary Knight discusses the implications of Lord Justice Jackson’s Review of Civil Litigation Costs on how solicitors recover costs on behalf of their clients in the latest Modern Claims magazine. MCM26 Harman Costs
