Keynote Address by Lord Justice Jackson – The Review of Fixed Recoverable Costs
Jackson LJ has delivered his Keynote Address on the Review of Fixed Recoverable Costs.
Entries by Toby Moreton
Costs budgeting trumps detailed assessment… to an extent
Carr J: “On a detailed assessment on a standard basis, the costs judge is bound by the agreed or approved cost budget, unless there is a good reason to depart from it.”
Proportionality bites again… on entire costs claim
Costs Judge, Master Simons, has slashed a Bill of Costs from £72,320 to £24,600 in a clinical negligence case which settled for £3,250. The reductions were made at provisional assessment and, aside from some minor increases, were maintained at an oral hearing.
Court of Appeal clarifies amount of fixed costs payable where case settles ahead of a disposal hearing
Briggs LJ decides that cases which commence under the RTA and EL/PL protocols and settle prior to a disposal hearing attract the most generous fixed costs regime
SCCO approves another CFA assignment
Pre-LASPO 2012 CFA can be transferred between firms, Master Leonard decides
QOCS applies to appeals, High Court rules
CPR 44.13 should be interpreted in a way that “more justly achieves what is plainly the purpose of the regime as divined from the Rules”, says Edis J.
Benefit and burden of CFA can be assigned between firms, Circuit Judge rules
A motivation of personal trust and confidence between client and fee earner is not necessary to validate an assignment, HHJ Graham Wood QC decides– but admits his judgment may require appellate court review
Issues-Based Costs Orders And The Powers Of A Trial Judge Under CPR Part 36
Part 36 did not preclude a judge from making an issue-based or proportionate costs order where a claimant had only succeeded on some issues. However, the constraints of Part 36 meant that it would be reasonable to deprive a claimant all or part of their costs only if it would be unjust to order otherwise, having regard to “all the circumstances of the case”
The limitations of costs inclusive offers
A claimant awarded £5,000 in damages was entitled to recover his costs on the standard basis (budgeted at almost £129,000) following a defendant’s “inadequate” capped costs offer, a High Court judge has decided.
NHSLA wins third additional legal costs liabilities dispute against Irwin Mitchell
For a third time, the NHS Litigation Authority (NHSLA) has defeated a claim for additional legal costs liabilities brought by Irwin Mitchell.