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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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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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Civil Courts Structure Review: Final Report
The Lord Chief Justice and the Master of the Rolls, as Head of Civil Justice, asked Lord Briggs to carry out a review of the structure of the courts which deliver civil justice. Lord Justice Briggs retained his strong support for the creation of an…
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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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Harmans Costs Brief – March 2016
What a hectic month – we’ve added to our Law Society Excellence Award shortlisting last year with another shortlisting in the Modern Claims Awards, this time for Costs Company of the Year! Plans for our spring seminar are in full swing and we’ve also been keeping…
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Impact of court closures likely to impede access to justice for many
After the consultation on court closures, the decision has been taken to close 86 out of the 91 courts initially identified. This represents a reprieve for just 5. However, the Law Society thought there were good reasons to save 59 courts so how can the…
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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
