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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 -
Changes to appeals
On 3 October there are a number of changes to appeals due to come into force. The changes are intended to lighten the load on the Court of Appeal and are summarised below: the introduction of a new CPR 52 (the main part of the…
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Harmans Costs Brief – September 2016
Harmans are out and about this autumn! We’re busy preparing for the APIL clinical negligence conference at The Celtic Manor Resort in Newport, South Wales at the end of this month and Matthew Harman is also on the road, he will be a guest speaker…
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Court of Appeal Awards Costs in Thames Case
A council must pay a local hotel owner £55,000 in costs after losing a judicial review over construction of a hydro-electric station. The London Borough of Richmond-upon-Thames had given permission for the installation at Teddington Lock, where it would have replaced a section of a…
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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…
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Costs Judges overturned on Appeal – Gary Knight investigates
It is perhaps not the best of times if you are a costs judge with their decisions being overturned on appeal. Foskett J sitting with the senior costs judge Gordon-Saker overturned 3 decisions made by costs judges when dealing with three conjoined appeals – Kai…
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Part 36 indemnity costs trumps fixed costs rules the Court of Appeal
Two low level RTA claims, relating to separate Claimants (Broadhurst and Taylor), were heard together on appeal after opposite decisions were made by judges on whether to equate indemnity costs with fixed costs. The Master of the Rolls, Lord Dyson said that assessed costs should…
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Harmans Costs Brief – May 2016
We only went and won it! Harmans are incredibly proud to have been named Costs Company of the Year at the Modern Claims Awards, you can see some photos from the ceremony in Leeds by clicking the link below. Hot on the heels of our win we…
Tags: assessed costs, bill of costs, costs, Costs Brief, Costs Company of the Year, costs seminar, Court of Appeal, Court of Protection, CPR Part 36, fixed costs, LASPO, Law Society, London Legal Walk, Lord Dyson, Modern Claims Awards, MOJ, Part 36 offer, Part 45, QOCS, Supreme Court, The Master of the Rolls -
Supreme Court allows appeal over introduction of civil legal aid residence test
R (on the application of The Public Law Project) (Appellant) v Lord Chancellor (Respondent) Case ID: UKSC 2015/0255 The plan by the Ministry of Justice to introduce its controversial civil legal aid residence test through secondary legislation – the draft Legal Aid, Sentencing and Punishment…
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Harmans Costs Brief – February 2016
Costs Brief February is here! Where else could we start but Gary Knight’s scathing response to Lord Justice Jackson’s vision of fixed costs. There’s also a legal costs update of key cases, the summary of the Civil Courts Structure Review interim report from Lord Justice Briggs plus we cover…
Tags: bill of costs, CFA, Civil Courts Structure Review, clinical negligence, costs seminar, County Court, court fees, Court of Appeal, CPR 44.3(2), family court, fixed costs, HMCTS, Law Society, Legal costs update, Legal Services payment orders, Lord Chief Justice, Lord Justice Briggs, Lord Justice Jackson, Personal Injury, The Master of the Rolls
