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Coventry v Lawrence – The Supreme Court hands down long awaited judgement
Coventry v Lawrence – The Supreme Court hands down long awaited judgement Many within the profession were very considerably concerned...
Jul 22, 20158 min read
Overcoming problems on commencement of Detailed Assessment – CPR 47.6
Overcoming problems on commencement of Detailed Assessment – CPR 47.6 We have written previously on this blog about the need for great...
Jul 8, 20153 min read
Appropriate Solicitors hourly rates – The ‘Wraith’ question
Appropriate Solicitors hourly rates – The ‘Wraith’ question. The case of Kelly –v- Hays and Another [2015] EWHC 735 (QB) is very...
Jul 7, 20152 min read
Requesting Provisional/Detailed Assessment of Costs – avoiding potential pitfalls
Requesting Provisional/Detailed Assessment of Costs – avoiding potential pitfalls. It is imperative that matters are not delayed unduly as, whilst permission to Commence or Request an Assessment, either Provisional or Detailed of Costs, out of time is no longer required, there are penalties for delays. In addition to the 3 months allowed for commencement of the assessment process (CPR 47.7), CPR 47.14 (1) further provides that “Where points of dispute are served in accordance
Jun 29, 20155 min read
Civil Procedure Rules – Serving documents by email – CPR 6.20
Ensuring that documents are served on time is of course a fundamental task of any litigator. In the days immediately post Mitchell, the importance was heightened and even in post Denton days this is not something that should be treated lightly. Civil Procedure Rule 6.20 (1) (d) allows for service by fax or other means of electronic communication. In accordance with Practice Direction 6A 4.1, there is a requirement that before serving by fax or email that the recipient must
Jun 25, 20153 min read
100% Success Fee where trial has commenced.
Last month the High Court heard an Appeal from Master Campbell in relation to yet another case concerning whether a trial had commenced...
Jun 25, 20153 min read
Detailed Assessment – Problem with delays – CPR part 47.8
The problem with delays – CPR part 47.8. We find that one of the most common reasons for enquiries from potential new clients is...
Jun 25, 20152 min read
Costs Budgets Guidance
Costs Budgets Guidance – High Court reduced Defendant’s future costs by 40% On 10 June 2015, the High Court handed down its judgement in...
Jun 25, 20155 min read
Fixed Costs – An end to Detailed Assessment? A view from the Costs Draftsman
The advent of Fixed Costs (CPR 45.29) has, firstly in small measure within both the Small Claims Track and RTA cases and, more recently,...
Jun 24, 20156 min read
Costs in Family Law (Children) Cases – Guidance
Editorial note: This article discusses Supreme Court guidance on costs in family and children proceedings. For a broader practical perspective on costs recoverability, assessment strategy and specialist costs support across civil litigation, see our overview of Costs Lawyers and Law Costs Draftsmen. It has long been established that it was entirely usual not to award the costs on a child case against the party, unless it could be shown that a particular party’s conduct had b
Jun 24, 20156 min read
Changes in Retainer (CFA) just prior to 1st April 2013
Another topic which is starting to crop up fairly frequently now is the reasonableness of various funding arrangements changing just...
Jun 22, 20152 min read
Appeals don’t stay Summary Assessment
CPR 47.2 is very clear that any Detailed Assessment is not stayed pending an Appeal unless the Court otherwise Orders. In a recent case...
Jun 19, 20152 min read
“Litigant in Person” further defined
There has often been debate about who or what may constitute a Litigant in Person and, whilst the CPR and their associated guidance have...
Jun 9, 20152 min read
Provisional Assessments limited to £75k? CPR 47.15
There is a survey being undertaken at the moment on behalf of the ACL as to its members’ views on the effectiveness of the Provisional...
Jun 4, 20152 min read
Post-LASPO ATE Premiums in Clinical Negligence Claim
In recent months there has been much debate about the extent of recoverability of post-LASPO ATE premiums in clinical negligence claims,...
Jun 4, 20154 min read
Costs budgeting guidance – Precedent H
We have remarked previously upon what is, in our view, the rather strange approach expected by the hierarchy to both proportionality and...
Jun 3, 20154 min read
THE MAGIC OF CPR 36.17
Practitioners will be aware of recent changes to CPR 36 and we have reported earlier on those changes. However, whilst some provisions...
May 22, 20154 min read
A Sigh of Relief
For an area of law renowned for the amount and diversity of case law since the introduction of the CPR (and perhaps more particularly...
May 22, 20152 min read
The SPH Costing Services commitment to excellence
We believe that our extensive knowledge provides the support for the vital advice and key services needed in the costs services business...
May 20, 20151 min read
Costs Blog
Disclaimer: The content of this blog is provided on a complimentary basis. The opinions expressed do not necessarily represent those of SPH Costing Services Ltd. The content of the blog is not intended to and does not constitute legal advice on any specific matter or generally. Individual Legal advice should be sought from a Lawyer in relation to any specific case or issue. SPH Costing Services Ltd does not accept any responsibility for the correctness of this blog or for any consequences of relying on it.
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