Part 36 offer

Is the Part 36 Offer Still Fit for Purpose After Hislop v Perde?

When the CPR came into force in April 1999, the old method of placing your opponent on risk as to costs in litigation, the Payment into Court, was replaced by Part 36 of the CPR. The intention was the same as the payment into court – to put some pressure Read the full article…

Certifying bill of costs

Certifying a Bill of Costs – a Cautionary Tale – Gempride Ltd v Bamrah

June saw a number of costs law cases of some interest and importance being heard in the higher courts and none more so than the Court of Appeal case of Gempride Ltd v Bamrah (2018) EWCA Civ 1367 . This covered amongst other matters, hourly fees, agents, Before the Event Insurance (BTE) Read the full article…

Herbert v HH Law Ltd Risk Assessment on success fees

Herbert v HH Law Limited and the Case for Providing a Well-Reasoned Risk Assessment

Judgement in the case of Herbert v HH Law given by Mr Justice Hoole in the Sheffield District Registry of the High Court on the 21st March this year. It upheld the earlier decisions of District Judge Bellamy. On the one hand, it was a newsworthy judgement because it was Read the full article…

Springer v University Hospitals of Leicester NHS Trust

Springer V University Hospitals of Leicester NHS Trust

No Notification of Funding Arrangement – No Relief from Sanctions! The last few weeks of this month have seen a proliferation of important costs judgements. Over the coming days we will look in more detail at some of these, starting with Springer v University Hospitals of Leicester NHS Trust 2018 (EWCA) Civ 436 a Read the full article…

solicitor with CPR 3.14 sanctions

CPR 3.14 – Court Fees Only? Some Practical Tips (We Hope You Don’t Have To Use!)

The case law outlining the importance of filing costs budgets on time is well known with the decision in the matter of Lakhani v Mahmud (2017) EHWC 173 being the latest to confirm the difficulty of being successful on an application for relief from sanctions. If either party does fail to file Read the full article…

'Top Tips' written in different coloured chalk on a blackboard to highlight the top legal costs experts tips

12 Top Tips From Our Legal Costs Experts

We asked some of our team of legal costs experts to provide their top costs tips and as a result we have 12 to share. We hope that among them, there will be at least one or two that you take away and put to good use in the future. So Read the full article…

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…

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…

Merrix

Qader v Esure in the Court of Appeal : Fixed Costs or not Fixed Costs : The Right Result by Circuitous Means?

The Court of Appeal handed down judgement in the case of Qader & ors v Esure  Services Ltd & Ors (2016) EWCA Civ 1109 on the 16th November. The matters in hand consisted of joint appeals in cases which started out as portal/protocol claims, but which left the portal and Read the full article…