Entries by Toby Moreton

Simmons and Castle

The Court of Appeal has revisted its earlier July 2012 judgment in which they controversially announced that with effect from 1st April 2013 general damages in tort cases would increase by 10% from current levels. Following an application by the Association of British Insurers in August to intervene the court was invited to reconsider whether the 10% increase should only apply to cases where the claimant’s funding arrangements for his or her legal costs had been agreed after 1st April 2013.

New Offices

We are delighted to announce our move to new larger offices as of today. The move is part of our ongoing expansion and will allow us to continue providing the service our clients have come to expect for many years to come.  

Costs Management

The Hon Mr Justice Ramsey has delivered the 16th Implementation Lecture in relation to Sir Rupert Jackson’s reform package, concerning Costs Management. He unveiled additions to CPR3 (3.11 to 3.18), a new Practice Direction 3E and amendments to Section 6 of the Costs Practice Direction. The changes are intended to give effect to the Sir Rupert’s proposals for costs management based on four essential elements, namely:

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.