No Fixed Costs until October 2023
The delay to the extension of Fixed Costs is a delay not a reprieve. Practitioners should use the time to review their business model and client retainers to ensure they are ready for the changes.
Author: Joanne Chase
How to Serve Legal Documents by Email
In R on the application of Tax Returned & Ors -v- HMRC it was held that multiple email addresses provided for service did not comply with CPR 4.1 and consequently the claim form had not been served
Joint and Several Liability and Litigation Funding Agreements
In ECU Group Plc v HSBC Bank Plc [2022] EWHC 1616 (Comm) Moulder J addressed the issue of joint and several liability in a case involving multiple litigation funders. Background…
Departure from Guideline Rates not justified (even on the indemnity basis)
Following the increase to the SCCO guidelines, courts have been less willing to allow uplifted hourly rates. This stricter approach is being seen even where costs are assessed on the indemnity basis.
High Court gives guidance on delegation and recovery of costs
Delegation should be the rule not the exception. The receiving party will have to justify a decision not to delegate. The test of whether an item could have been delegated is objective; if it was suitable for delegation then it should be allowed at a lower rate even if there was no fee earner to delegate to
Apply for Fee Remission or pay the price
The High Court has confirmed that parties which do not use the fee remission scheme will not be able to recover court fees on assessment
Client not bound to consider solicitor’s interests under a CFA when settling – Candey -v- Bosheh
In Candey Limited -v- Bosheh & Salfiti [2022] EWCA Civ 1103 the Court of Appeal held that a client is not bound to consider their solicitor’s interests when settling a…
Compulsory mediation could be extended to all claims in the County Court
The MOJ is proposing to make mediation mandatory for all County Court claims. But will this save costs? Consultation closes 4 October 2022