Budgets, Hourly Rates, Good Reason and Proportionality
On a detailed assessment of costs a reduction in hourly rates of the incurred costs is not a ‘good reason’ to depart from the budget in respect of the budgeted (future) costs.
Entries by Toby Moreton
The curse of the defective retainer
Court of Appeal addresses arguments relating to defective, co-existing and implied retainers, as well as deed of rectifications relating to conditional fee agreements.
Circuit Judge increases appellants’ recoverable costs in proportionality appeal
Celebrity litigants Brian May and Anita Dobson win significant recoverable costs uplift as circuit judge questions Master Rowley’s proportionality decision.
Post-LASPO assignment of CFA does not extinguish a claimant’s right to recover success fee
Court of Appeal decides that a pre-April 1 2013 CFA was novated when a claimant agreed to instruct a replacement firm – but that LASPO transitional rules allow their success fee to be recovered regardless.
A Solicitors Act compliant statute bill must contain all disbursements incurred during the period to which it relates
The High Court has affirmed that in order to comply with the strict requirements of the Solicitors Act 1974 a statute bill must be a complete and self-contained bill for costs including all disbursements incurred during the period covered.
Costs Budgeting And Incurred Costs | To Comment Or Not To Comment
Chief Master Marsh considers the purpose and effect of commenting on incurred costs at a costs management hearing under CPR 3.15 and PD 3E.
The court can only depart from agreed or approved budgets, up or down, if there is a “good reason” for doing so
Davis LJ endorses Master Whalan’s approach to detailed assessment where costs budgets have been agreed or approved
Parties warned to stop treating costs budgeting “as a form of game”
Coulson J warns against parties adopting an unrealistic approach to costs budgeting and in particular with regards to Precedent R.