Protected Party Clients : Recovering a Success Fee

In this article we attempt to set out some advice for solicitors representing Litigation Friends, when attempting to recover a success fee from a Protected Party following the successful conclusion of litigation. It is CPR 21 that provides the conditions to be met. Control of money recovered by or on Read the full article…

Costs Budgets – An Update on the Latest Cases

  Introduced in April 2013 as part of the Jackson reforms, Costs Budgets and Costs Budgeting are an important part of the new regime whereby the parties’ costs are actively managed by the court from an early stage to ensure the costs of the case are proportionate. Budgeting only applies to prospective costs.  Whilst the Read the full article…

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Harrison v University Hospitals Coventry & Warwickshire NHS Trust

Harrison v University Hospitals Coventry & Warwickshire NHS Trust On 21st June 2017, the highly-anticipated Court of Appeal decision of Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792, was handed down. It confirmed the decision in Merrix v Heart of England NHS Foundation Trust [2017] 346 (QB).  In Read the full article…

The Cost of Change – New Electronic Bill of Costs to be Delayed

IT hold ups will mean the introduction of the New Electronic Bill of Costs will now be delayed until April 2018. Initially, the bill was due to come into play in October 2017.  The Civil Procedure Rules Committee stated the delay was due to the need to ensure the IT Read the full article…

Jackson Pilot Scheme To Cap Litigation Costs At £80K

  On 28th January 2016, Lord Justice Jackson dropped a bombshell on the legal community.  In a speech to the Insolvency Practitioners’ Association in January 2016, he revealed his recommendations to extend fixed costs to all civil claims, including personal injury cases up to a value of £250,000, irrespective of complexity. Read the full article…

Clarification at last for high value claims which start in the Portal.

The Civil Procedure (Amendment) Rules 2017 will be coming into force shortly and will be providing some much needed clarification for those high value claims which start in the portal. On the 6th April 2017 the new rules will give statutory force to the Court of Appeal’s decision in Qader Read the full article…

Where There’s A Will

Costs in personal injury claims where probate is involved can cause the unwary practitioner a variety of problems. We explain how practitioners can avoid giving themselves sleepless nights when dealing with such matters. When taking on a Personal Injury claim; or obtaining instructions from any new client, the mantra should Read the full article…

Defendants Late Acceptance of Part 36 Offer In Otherwise Fixed-Fee Case Prompts District Judge To Award Indemnity Costs

Another reminder, if any was needed, that late acceptance of a Part 36 offer can lead to severe costs consequences, was the message from two more recent District Judge decisions. Many Claimants will fondly remember the decision of the Court of Appeal in Broadhurst v. Tan [2016] EWCA Civ 94 Read the full article…