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
Claimant’s Claim Against His Own Solicitor Struck Out
In Sweeney v Wise Solicitors Ltd [2022] EWHC 2314 (SCCO) Costs Judge Rowley struck out a claimant’s application for an assessment of costs against his former solicitor. Background The claimant instructed the…
The Electronic Bill Pilot in the Senior Courts Costs Office
From 1 November 2022 until 28 April 2023, professional Deputies appointed by the Court of Protection, their legal representatives and other legal professionals involved in Court of Protection cases are…
Requirements for the electronic file of papers
Once you have e-filed your bill of costs, you should receive an email of acceptance from the SCCO, which requires you to file your papers in support within 28 days…
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…