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Harmans Costs Brief – November 2023
Welcome to the latest Costs Brief featuring our recent ranking in The Legal 500 as one of the ‘Firms in the Spotlight 2024’, some analysis from Partner and Costs Lawyer Gary Knight on two cases from the Court of Appeal and the Competition Appeal Tribunal involving the reference…
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Guideline Hourly Rates: Latest Update
The nights are drawing in, there’s a nip in the air so it’s a good time to snuggle down with two cases from the Court of Appeal and the Competition Appeal Tribunal involving the reference to Guideline Hourly Rates. Partner and Costs Lawyer Gary Knight…
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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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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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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 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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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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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…
