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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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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…
Tags: costs -
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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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
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Implementation of electronic bill of costs put on hold until April 2018
Mandatory implementation of electronic bill of costs put on hold until 6 April 2018 “subject to the parliamentary timetable,” to enable the new process to be rolled out in the County Courts and the SCCO.
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Court of Appeal judgment in the Harrison Costs Budgeting case
The Court of Appeal has today handed down judgment in the important costs budgeting case of Harrison v University Hospitals Coventry & Warwickshire NHS Trust. The case is important reading in relation to the issue of how a budget affects detailed assessment. Click below to…
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Harmans Costs Brief – June 2017
In this issue we look at an important case from the Court of Appeal where refusal to mediate was not a bar to the recovery of costs. We also discuss another judgment that has been eagerly awaited by PI lawyers, the “£400 club” case. And don’t…
Tags: access to justice, ADR, costs, Costs Brief, costs budgets, Court of Appeal, Deputy High Court Judges, fixed costs, Insurance Premium Tax, IPT, Jackson reforms, LLST, London Legal Walk, Lord Chief Justice, Lord Justice Briggs, Lord Justice Jackson, mediation, Personal Injury, Precedent R, refusal to mediate, RTA Protocol -
Refusal to mediate is not a bar to the recovery of costs
Alternative Dispute Resolution (ADR) should not be treated as unreasonable where a refusal to mediate might in the circumstances have been justified. In the recent Court of Appeal case of Gore v Naheed & Anor [2017] EWCA Civ 369 Lord Justice Patten said: …
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Cost Budgeting: Decision on Misuse of Precedent R to play a procedural game
Important decision for costs budgeting: COST BUDGETING: USING PRECEDENT R TO PLAY A PROCEDURAL GAME Blog by Kerry Underwood.
