Part 36 – Important changes to Interest
From 1 April 2021 a key change to Part 36 means that additional interest will not be payable where the Part 36 offer is accepted after the relevant period unless…
Category: Litigation Costs
Avoiding Challenges to your Costs III: Talking about Money
Discussing fees with a client is often one of the most stressful parts of a solicitor’s job. Social taboos around talking about money run deep; studies have consistently shown that…
The normal order, not the inevitable order
The High Court has delivered an interesting ruling on costs following an application to amend pleadings, which shifts the goal posts slightly regarding the usual provisions which would ordinarily apply.…
Avoiding Challenges to your Costs II: What is an Invoice
Until an invoice is delivered in accordance with the Act, a solicitor does not have any right to take client money. Doing so could (and probably would) be a breach…
Proposals to increase court fees and the income threshold for Help with Fees
Court fees for Civil, Family, Court of Protection and the Magistrates’ Court are set to increase in the autumn under new government proposals. The plans seek to apply an inflation…
No Qualified One-way Costs Shifting protection for counterclaiming defendant
Qualified One-way Costs Shifting (QOCS) protection applies to claimants in proceedings which include a claim for damages for personal injuries. While there is no argument that the term ‘claimant’ can…
Avoiding Challenges to your Costs I: Invoicing Clients
Recently we have seen a steady rise in cases brought by former clients against firms seeking refunds of their legal fees. These claims often stemmed from problems with the invoice…
Pre-Judgment Interest
s17 of the Judgments Act 1838 and CPR 44.2 (6) (g) allows the High Court to award pre-judgment interest on costs. In the writer’s experience, the award of pre-judgement interest…