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Legal Costs Update #3: Costs & Procedure
The mild winter appears to have been reflected in the judgments handed down; the odd chill but compared to previous years nothing yet of great concern. CIP Properties (AIPT) Ltd v Galliford Try Infrastructure Ltd and Various Other Parties –Coulson J – 29/10/2014 [2014] EWHC…
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Costs Draftsman Nishma Shah examines the importance of a well-placed Part 36 offer
I recently dealt with a personal injury claim where the Claimant was awarded indemnity costs for part of the claim. Negotiations ensued, Points of Dispute and replies were served and the Defendant made a full and final offer of £28,000.00 but this was rejected. The…
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Harmans Costs Brief – October 2014
Read our latest Costs Brief covering all the latest industry developments including the impending introduction of J-Codes, the latest CPR updates as well as relief from sanctions allowed on Appeal. It also covers Legal Aid work in family cases and features an article by one of our…
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Relief from sanctions allowed on Appeal
The Appeal in Long v Value Properties & Ocean Trade Limited was formally handed down yesterday. The receiving party had previously been denied relief from sanctions by the Costs Judge but the Appeal was allowed. The Judgment states “…this appeal must be allowed, either on…
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October 2014 CPR updates
The new provisions come into force on 1 October 2014 and are outlined in the Civil Procedure (Amendment No 6) Rules 2014, SI 2014/2044, and the 75th Update—Practice Direction Amendments. These amendments come hot on the heels of the 74th Update which came into force…
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Legal Costs Update by Gary Knight
Following a winter of discontent the decision of the Court of Appeal in the matter of Denton brought a sunnier outlook, if not glorious summer, for under fire Solicitors with green shoots of common sense springing up almost every where. Denton is dealt with elsewhere…
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Update to new Civil Juctice Council guidance
Some minor additions have already been made to this new CJC Guidance (with new paragraphs 31, 61 and 87 added). It is not formally in force at present, although it is intended that it should replace the Protocol on experts which currently forms part of…
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Civil Justice Council issues new guidance on instructing experts in civil claims
The Civil Justice Council has published new guidance on the instruction of experts in civil claims ahead of the removal of the Protocol on experts in Practice Direction 35 of the Civil Procedure Rules. The new guidance is not formally in force at present, but…
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Requesting oral hearings in relation to the provisional assessment process
I recently attended an oral hearing where the paying party failed to serve a written request for an oral hearing in accordance with CPR 47.15. CPR 47.15(7) states, “when a provisional assessment has been carried out, the court will send a copy of the bill,…
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Fixed report fees announced for whiplash claims
The proposed reforms have now been finalised and agreed by the Civil Procedure Rules Committee and the Statutory Instrument, The Civil Procedure (Amendments No. 6) Rules 2014, has been laid before Parliament and the rules changes will come into force on 1 October 2014. A…
