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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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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 -
Proportionality in Costs Beyond Detailed Assessment
Proportionality is one of the major issues that we find we are dealing with at the end of a matter, particularly in the small to medium value claims. Why was it introduced? It was considered that the then existing system was not working and that…
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Court report – Gary Knight highlights some interesting recent costs cases for Litigation Funding
Litigation Funding – Court Report – Feb 2017 pg 1 Litigation Funding – Court Report – Feb 2017 pg 2 Litigation Funding – Court Report – Feb 2017 pg 3
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Harmans Costs Brief – December 2016
Welcome to the December Costs Brief, the final issue of 2016. Partner Gary Knight has provided a thorough costs update with a particular focus on ATE and we’ve also looked at the decision of Costs Judge Jennifer James in the matter of Briggs vs First…
Tags: ATE, Autumn Statement, CFA, costs, Costs Brief, costs budget, Costs Judge, costs seminar, CPR, Denton, Detailed Assessment, disproportionate, IPT, LASPO, Legal costs update, Mitchell, Part 36 offer, payments on account, proportionality, relief from sanctions, Statement of Reasons, success fees -
Helen Briggs & 598 Ors v First Choice Holidays & Flights Ltd (2016)
A very detailed and considered decision of Costs Judge Jennifer James has appeared on Lawtel in the matter Helen Briggs & 598 Ors v First Choice Holidays & Flights Ltd (2016) and merits consideration in full; the highlights however are as follows: As will be…
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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 -
Harmans Costs Brief – January 2016
It’s back – the first Costs Brief of 2016! Featuring analysis by Nishma Shah covering the thorny issue of proportionality plus Mat Knight asks when is it reasonable to recover costs of two separate firms acting for multiple Claimants in a case. We also cover fast track…
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Harmans Costs Brief – November 2015
It’s the last Costs Brief of 2015 – where has the year gone?! We’ve covered the hot topic of proportionality in this issue of Costs Brief with detailed commentary from Gary Knight as well as guidance from a Commercial Court Judge. There is also consideration…
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Falling foul of proportionality by Nishma Shah
The recent case of Hobbs v Guy’s and St Thomas’ NHS Foundation Trust [2015] EWHC B20 (Costs), has highlighted a key consideration that the Court may take into account when assessing costs. The issue of proportionality is often a thorny one. It should be remembered…
