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.
Tag: Litigation
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
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
Multiple Claimants under New Fixed Costs rules
In cases with multiple claimants FRC proposals suggest reduced fees for subsidiary claimants; the final wording could lead to nasty surprises
Contracting Out of Fixed Costs
The Court of Appeal has given guidance on how to contract out of fixed costs in Doyle -v- M&D Foundations and Building Services Ltd [2022] EWCA Civ 927
Part 36 Rewards
HOCHTIEF V ATKINS ( 2019) EWHC 3028 ( TCC) saw a claimant who bettered their Part 36 quantum offer by just £4,500 secure an uplift of £65,000 and interest at…
View post to subscribe to site newsletter.