New Model CFA, but be warned!

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Fundamental Dishonesty Allegation Can Survive Discontinuance | High Court Permits Full Enforcement Of Costs Despite QOCS

06/11/2026 No Comments

single wide flat paintbrush loaded with deep navy paint, caught mid stroke across a printed page of dense small tabular figures

Court Declines To Order Further N260 Breakdown | Broad Brush Applies On Summary Assessment | High Travel Figure Still Counts

05/11/2026 No Comments

calculator showing indemnity

Obstructive Conduct Of An ECRO Application Justifies Indemnity Costs | Judge Leaves Open Whether An ECRO Alone Would Suffice

05/11/2026 No Comments

scales of justice and a calculator

CILEX Fee Earners With Over Eight Years’ Experience Fall Within Grade A | Above-Guideline Rates Can Still Attract A Reduction

05/11/2026 No Comments

billing statement showing a past due amount, with a pen and credit cards

Unpaid Solicitors’ Costs May Still Have Been Incurred | Non-Payment Does Not Necessarily Mean Costs Were Never Due

04/11/2026 No Comments

Falmer House, University of Sussex by Paul Gillett

Pre-Permission Costs Fall Outside Section 87 | Court Resists Splitting Intervener Submissions | Sector Interest Can Be Exceptional

03/11/2026 No Comments

close-up of an analogue clock face with a calendar date visible behind it

Interest On Costs Runs From The Order Date Absent A Different Order | Court Refuses Deferral Pending A Detailed Bill

02/11/2026 No Comments

overflowing measuring jug being poured down to a precise fill line

Market Rates Have Little Relevance To Security Quantum | £2,000,000 Brief Fee Cannot Be Justified For Security Purposes

02/11/2026 No Comments

Beautiful hand shaped bookends with books on shelf indoors

Preliminary Issue Costs Order Is Bookended By Its Own Dates | Earlier Costs Of That Issue Stay In The Claim Absent A Broader Order

02/11/2026 No Comments

CPR 36.23(8) very late Part 36 acceptance costs consequences

Very Late Part 36 Acceptance Leaves Claimant Without A Costs Order | CPR 36.23(8) Produces One Net Order For The Defendant

01/11/2026 No Comments

Setting aside a costs order for fraud requires proof that dishonesty was an operative cause of the decision, illustrated by an unbroken chain under tension.

Fraud Must Be An Operative Cause To Set Aside Costs Orders | Former Insiders Who Merely Give Evidence Do Not Bind The Company

01/11/2026 No Comments

Rudan Business Holding SA v Tridan Trusted Advisors AG & Ors

Late Budget Revisions Fail The Promptness Threshold | Court Says Costs Management Is Primarily Prospective

31/10/2026 No Comments

Ndifreke Bassey v Shanardo Travis Whittaker & Anor

Budgets Cannot Be Varied Without Significant Developments Absent Agreement | CPR 3.15(3) Gives No General Discretion To Vary

31/10/2026 No Comments

Barry McCaffrey & Anor v Chief Constable of Police Service of Northern Ireland & Ors

Court Of Appeal Confirms IPT Cannot Award Costs | RIPA Examples Are All Substantive Orders | Reform Needs Rules Or Statute

30/10/2026 No Comments

Rayaan Abdil, R (on the application of) v London Borough of Tower Hamlets

Defendant Loses Costs Of Late Documents Whoever Wins | No Extension Application Was Made | Court Bars Recovery At Permission Stage

29/10/2026 No Comments

Alfie Collier & Ors v Stellantis Auto SAS & Ors

Court Orders Claimants Outside A GLO To Pay Their Share Of Adverse Costs | Wide Costs Powers Can Protect Participating Claimants

29/10/2026 No Comments

David Parsons v Convatec Limited

Court Of Appeal Holds Section 106 Applies To Costs Budgets | Parties’ Financial Position Counts When Costs Budgets Are Approved

26/10/2026 No Comments

Ian Henderson & Anor v Ministry of Defence

Without Prejudice Schedule Of Incurred Costs Kept Privilege | Lower Bill Did Not Show Unambiguous Impropriety

20/10/2026 No Comments

Peter David Hall v Secretary of State for the Environment Food and Rural Affairs

Aarhus Costs Cap Stays Where No Compliant Variation Application Is Made | A Ticked Box Without Reasons Does Not Meet CPR 46.27(5)

16/10/2026 No Comments

JBX v Frimley Health NHS Foundation Trust (Costs) [2026] EWHC 2525 (KB)

Defendant Made No Part 36 Offer | Late Counsel Offers Came After Most Costs Had Been Incurred | Claimant Recovers 85% Despite Losing Main Issue

06/10/2026 No Comments

Key Points

Key Findings In The Case

The Law Society has published a new Model CFA for use in personal injury and clinical negligence cases.

However, be warned! Commentators have suggested that it contains errors. See Kerry Underwood’s stark warning regarding its use.

TMC Legal provides our costs drafting service for solicitors across England and Wales.

Our services

Costs draftingElectronic bills of costs, Points of Dispute and Replies, drafted to the CPR and ready to serve.Find out more →Costs managementPrecedent H budgets, and representation at costs and case management conferences on multi-track claims.Find out more →Costs negotiationSettlement offers and negotiation with the paying party, with our view on what to accept.Find out more →Costs advocacyRepresentation at detailed assessment hearings and other costs hearings.Find out more →

Related costs updates

wooden boards with honest and liar

Fundamental Dishonesty Allegation Can Survive Discontinuance | High Court Permits Full Enforcement Of Costs Despite QOCS

06/11/2026

single wide flat paintbrush loaded with deep navy paint, caught mid stroke across a printed page of dense small tabular figures

Court Declines To Order Further N260 Breakdown | Broad Brush Applies On Summary Assessment | High Travel Figure Still Counts

05/11/2026

calculator showing indemnity

Obstructive Conduct Of An ECRO Application Justifies Indemnity Costs | Judge Leaves Open Whether An ECRO Alone Would Suffice

05/11/2026

scales of justice and a calculator

CILEX Fee Earners With Over Eight Years’ Experience Fall Within Grade A | Above-Guideline Rates Can Still Attract A Reduction

05/11/2026

billing statement showing a past due amount, with a pen and credit cards

Unpaid Solicitors’ Costs May Still Have Been Incurred | Non-Payment Does Not Necessarily Mean Costs Were Never Due

04/11/2026

Falmer House, University of Sussex by Paul Gillett

Pre-Permission Costs Fall Outside Section 87 | Court Resists Splitting Intervener Submissions | Sector Interest Can Be Exceptional

03/11/2026