Costs and Litigation Funding

Welcome to our dedicated micro-site for our Costs and Litigation Funding services.

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Default costs certificate overturned due to multiple errors in service

The case of Gregor Fisken Ltd v Carl [2021] EWHC B9 (Costs), is an example of the court setting aside a default costs certificate where the claimant was not entitled to it under CPR 47.12(1). In this case, the defendant’s solicitors had indicated that they were no longer instructed and had, incorrectly, indicated that they did not…

Fixed costs when the claimant dies, which section of CPR 45 applies?

The Court of Appeal has delivered an important ruling in the case of West v Burton [2021] WLR(D)379], on which provisions of CPR 45 apply where the claimant dies throughout the course of a matter in which the fixed costs regime applies. The issue in dispute between the parties was whether it was the lesser provisions, in…

Will COP hearings continue remotely in a post-Covid world?

Following the announcement on the 10 June 2021 from the President of the Family Division, Sir Andrew McFarlane, a two-week rapid consultation on remote, hybrid and in-person hearings within the family and Court of Protection (COP) systems has taken place and ended on 27 June 2021. This was the third survey looking into the impact…

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