Sales LJ sets out the Court of Appeal’s policy regarding costs security when a party demonstrates a ‘deliberate reticence’ about its financial position, and the relevance of any court approved costs budget in the calculation of an appropriate sum
A circuit judge had no discretion to refuse a 10 per cent uplift to successful legally-aided claimant, because their claim did not fall within the singular Simmons v Castle exception.
The Court of Appeal has ruled that costs awarded to successful Part 36 claimants in RTA portal claims can be recovered on the indemnity basis and not limited to the less generous fixed costs regime.
The Civil Procedure Rule Committee (CPRC) has decided to bring forward the timetable for filing costs budgets, the minutes of its 13 November 2015 meeting reveal.
HHJ Pelling QC exercises caution in the absence of “express or implied agreement of the parties” to indicate whether, or not, he would have been prepared to approve an increase in the Defendant’s approved costs budget had an application been made pre trial.
CFA rendered unenforceable due to its failure to comply with the Conditional Fee Agreements Order 2013 following assignment
Claimant permitted to switch to a CFA / ATE arrangement, despite their previously-obtained CLS funding certificate remaining in force
The Civil Procedure (Amendment No. 4) Rules 2015 have been published and come into force (with exceptions) on 1 October 2015. The amendments provide, amongst other things, for the provision of a “a breakdown of the costs claimed for each phase of the proceedings” to accompany a bill of costs in all cases where a costs management order has been made.
Warby J reduces defendant’s proposed legal budget by more than a quarter, claiming the reduced sum will still allow them to undertake a “proper” defence.