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.
Category: Litigation Costs
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
A win, but hardly a windfall
The Belsner v Cam Legal Services Limited [2022] EWCA Civ 1387 appeal has been allowed in favour of the Solicitors.
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 Dismissed
“There is nothing…to cause the court to exercise its discretion in holding that any special circumstances exist.”
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