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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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J C and A Solicitors Ltd v Andeen Iqbal & Another [2017] EWCA Civ 355
On 16 May 2017, in a judgment that had been eagerly awaited by personal injury lawyers, the Court of Appeal unanimously agreed that no obligation to repay Stage 1 fixed costs (£400 + VAT) once received, is imposed by the RTA Protocol or by the…
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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 -
Late acceptance of Part 36: A lesson to be learned
Late acceptance of Part 36: A lesson to be learned for Claimants and Defendants alike. Michelle Walton of Victoria Square Chambers reports: http://www.victoriasquarechambers.co.uk/late-acceptance-of-part-36-a-lesson-to-be-learned/
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Merrix v Heart of England NHS Foundation Trust
The issue of costs budgets continues to occupy court time with The Honourable Mrs Justice Carr DBE the latest, and most senior, judge to give consideration to what, if any, weight an approved costs budget had when the bill of costs was the subject of…
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Court of Appeal gives guidance on fixed costs regime
Fixed costs apply to pre-action disclosure applications made after leaving the portal – see Sharp v Leeds City Council [2017] EWCA Civ 33. The Court of Appeal recently decided what judges called, “a short but important point of interpretation of the Civil Procedure Rules,” which…
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Harman Costs Brief – February 2017
It’s February already and we’ve rounded up the latest industry news for you – Gary Knight takes a look at an important decision on appeal in Briggs and 598 others v First Choice Holidays, plus there’s guidance from the Court of Appeal on the fixed costs…
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Harmans Costs Brief – October 2016
Welcome to the October issue of Costs Brief. We’re busy preparing for our next seminar at The Law Society in London, date to be confirmed imminently, so watch this space! As usual, we’ve also covered the latest industry news including a costs update from Partner…
