Entries by Toby Moreton
Fundamental dishonesty leads to removal of QOCS protection
Exaggerated symptoms see claimant lose QOCS protection in first ‘fundamental dishonesty’ decision
ACL elects new Chairman
Sue Nash appointed new Chairman by the Association of Costs Lawyers
TMC offers new financing option
TMC offers new innovative financing option to its clients
ACL appoints first Chief Executive
The Association of Costs Lawyers has appointed its first Chief Executive Officer.
The Civil Legal Aid (Costs) Regulations 2013
A draft of The Civil Legal Aid (Costs) Regulations 2013, which make provision about costs orders in civil proceedings in favour of or against a legally aided party and, in certain circumstances, against the Lord Chancellor has been published. These come into force on 1st April 2013.
Litigation Trends Survey – The Jackson Effect
The New Law Journal in partnership with LSLA has published their Litigation Trends Survey into the effects of the Jackson Reforms seven months in.
Guideline Hourly Rates Survey…
The Civil Justice Council’s Costs Committee have launched their survey into guideline hourly rates.
Court Deprecates Paying Party’s Opportunistic Conduct In Detailed Assessment Proceedings
In Long v Value Properties Ltd & Ocean Trade Ltd , Mr Justice Barling allowed the claimant’s appeal from the decision of Costs Judge Master Rowley concerning a breach during detailed assessment. The underlying dispute over parking spaces was settled, with costs to be assessed. The claimant commenced assessment within time by serving a notice and bill under CPR r.47.6 but omitted further information required by Practice Direction 47PD.32.5(1)(c) and (d) and 47PD.32.7, namely the CFA and a statement of reasons for the success fee. The defendants raised this in points of dispute; the claimant served the documents late and applied for relief. Master Rowley found a breach, applied the sanction in CPR r.44.3B(1)(d) to disallow the entire success fee, and refused relief. On appeal, Barling J held the breach was established, as the Practice Direction implied the information must be served at commencement to ensure a fair process under the overriding objective, following Middleton v Vosper Thorneycroft (UK) Ltd. However, he found the applicable sanction was under CPR r.44.3B(1)(c) of the Civil Procedure Rules 1998, which imposes a graduated disallowance for the period of default, not the ‘all or nothing’ penalty under sub-paragraph (d). Alternatively, applying the *Denton v TH White Ltd* guidance to CPR r.3.9, he held the breach was neither serious nor significant, was remedied promptly, and caused minimal prejudice, while the defendants’ conduct was opportunistic. Relief would have been granted in full. The appeal was allowed, reversing the costs order below.
Fixed Costs v The Standard Basis
A Costs Officer conducting a detailed assessment on a standard basis was not precluded from considering whether the claimants’ costs should be limited to those recoverable under stages 1 and 2 of the Pre-Action RTA Protocol where there was a consent order in which the defendant agreed to pay the claimants reasonable costs.