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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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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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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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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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Harman Costs Brief – May 2017
In this issue Costs Lawyer Suzanna Popplewell gives an overview of Proportionality; we look at CFAs and ATE Premiums and also feature a budget preparation fee explanation. Not forgetting it’s the month of the London Legal Walk! We hope you find the latest issue of…
Tags: ATE, budget fee, budget preparation, budgeted costs, budgeting, CCMC, CFA, Civil Court Proceedings Fees, Civil Procedure Rules Committee, costs, costs budget, costs management, Court of Appeal, Court of Protection, CPR, Deeds of Variation, Detailed Assessment, disproportionate, fixed costs, fixed fees, General Management, hearing fees, LASPO, LLST, London Legal Walk, Lord Justice Jackson, Merrix, PD3E, Practice Direction, pre/post April 2013, Precedent H, Professional Deputy Costs, proportionality, SCCO, success fees, Supreme Court -
CFAs and ATE Premiums
Post LASPO Deeds of Variation and Assignments The Supreme Court has ruled that post LASPO variations to a pre-LASPO CFA did not constitute “new agreements” – see Plevin –v- Paragon Finance Ltd [2017] UKSC 23. There were two subsequent Deeds of Variation which respectively covered…
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Harmans Costs Brief – December 2016
Welcome to the December Costs Brief, the final issue of 2016. Partner Gary Knight has provided a thorough costs update with a particular focus on ATE and we’ve also looked at the decision of Costs Judge Jennifer James in the matter of Briggs vs First…
Tags: ATE, Autumn Statement, CFA, costs, Costs Brief, costs budget, Costs Judge, costs seminar, CPR, Denton, Detailed Assessment, disproportionate, IPT, LASPO, Legal costs update, Mitchell, Part 36 offer, payments on account, proportionality, relief from sanctions, Statement of Reasons, success fees -
Court of Protection: Costs Law Update
Is it acceptable to transfer the method of funding from Public to under a CFA? Whilst the recovery of additional items was abolished for most claims post April 2013 we still see very many matters where the agreements pre-date the shut off point and the…
Tags: ATE, CFA, costs, Costs Judge, CPR, Denton, Detailed Assessment, Mitchell, relief from sanctions, success fees -
Late Costs Budgets: Risks and Consequences
Lowin v W Portsmouth & Co LTD [2016] EWHC 2301 QBD Elisabeth Laing J – 20/06/16 An appeal against a decision of a Costs Judge following a provisional assessment of the receiving party’s costs. The Claimant was entitled to costs following a successful claim for…
Tags: ATE, case management conference, CFA, costs, costs budgets, Costs Judge, costs law, Court of Appeal, Denton, Detailed Assessment, Litigants in Person, Lord Justice Jackson, Mesothelioma, Mitchell, Part 36 offer, Part 47, Points of Dispute, Precedent H, proportionality, Provisional Assessment, relief from sanctions, success fees -
Harmans Costs Brief – Summer 2016
Gary Knight asks who’d be a Costs Judge these days following several decisions being overturned on appeal. There’s also analysis of another recent interesting case in the Court of Appeal, plus the final report from Lord Justice Briggs following his review of the structure of…
