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Author: jochase

Posted on April 23, 2019October 13, 2020

When a simple theory becomes a complex reality; the interplay between costs management and detailed assessment

The Jackson reforms envisaged a world where legal costs would be dealt with through the click of a button. LJ Jackson introduced costs budgeting in a bid to control the…

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Posted on February 26, 2019October 13, 2020

Confused by QOCS? A brief summary of everything you need to know…

Qualified One way Costs Shifting (QOCS) was introduced in April 2013 for personal injury matters and it is essentially a rule that means a successful defendant cannot recover their costs…

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Posted on October 29, 2018October 29, 2018

Proactive Costs Recovery – Thinking Ahead

The traditional approach to costs recovery has been to prepare a statement of costs for trial, perhaps convert it into a without prejudice schedule of costs for negotiation and, when…

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Posted on July 6, 2018September 5, 2018

When a CFA describes the claim rather than the work it covers

The recent Court of Appeal decision of Malone v Birmingham Community NHS Trust [2018] EWCA Civ 1376 reinforced the importance of a clearly drafted funding document. The case involved a…

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Posted on March 12, 2018September 5, 2018

Evaluating Litigation Risk & Part 36 Offers

In the clinical negligence matter between JMX (A child by his Mother and Litigation Friend, FMX) v Norfolk and Norwich Hospitals NHS Foundation Trust [2018] EWHC 185 (QB), Mr Justice Foskett…

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Posted on February 12, 2018September 5, 2018

It’s all in the detail – the costly lesson of getting your retainer wrong: Radford & Anor v Frade & Ors [2018] EWCA Civ 119

In July 2017, the grounds on which the Appellants brought an appeal were considered in the blog CFAs, Counsel and Rectification – Permission to Appeal granted. This blog focused on…

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Posted on November 2, 2017December 8, 2020

Part 36 offers, the basis of assessment, and knowing your expert

It is well known within the costs profession that there is some tension in the provisions of CPR 36.17, which deals with the costs consequences following judgment. When a Claimant…

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Posted on October 2, 2017September 5, 2018

Forgot to secure a payment on account of costs at the final hearing? All may not be lost…

This brief judgment concerned whether or not a party could seek an order for a payment on account of costs after a costs award had been ordered, but before detailed…

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