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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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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)…
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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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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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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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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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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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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…
