- October 25, 2018
Standing up for costs lawyers: Allen v Brethertons LLP
It is now 11 years since the Legal Services Act 2007 (LSA) was passed and eight since the regulatory regime it created fully came into being. And still, unfortunately, there are those elsewhere in the legal profession who do not recognise the difference between costs lawyers and costs draftsmen.
- October 8, 2018
Staying a consent order pending professional negligence proceedings: Riordan and others v Moon Beever Solicitors
Earlier this year, the High Court ruled that a Senior Courts Costs Office (SCCO) master was entitled to stay a consent order relating to detailed assessment because the clients were planning professional negligence proceedings against the solicitors.
- September 12, 2018
Were lawyers ready for the electronic bill of costs?
We are five months into the compulsory electronic bill of costs and so far all is quiet. Obviously it will take time before cases affected by the change hit the courts, but research undertaken by the Association of Costs Lawyers has shown that many solicitors and judges were not ready for the new bill when … Continue reading Were lawyers ready for the electronic bill of costs? →
- June 14, 2018
Reduction in hourly rates for incurred costs: Jallow v Ministry of Defence
The question of whether a reduction in hourly rates for incurred costs is a good reason to do the same to budgeted costs is a big one at the moment, absent higher court authority. Recently, Master Rowley in the Senior Courts Costs Office (SCCO) had his say, and joined what seems to be the majority … Continue reading Reduction in hourly rates for incurred costs: Jallow v Ministry of Defence →
- April 3, 2018
Incurred costs: Tucker v Griffiths and Hampshire Hospitals NHS Foundation Trust
In May 2017, Master Rowley handed down judgment in Tucker v Griffiths and Hampshire Hospitals NHS Foundation Trust, dealing with various issues arising as preliminary points in a detailed assessment. The case centred on an alleged mis-certification of the claimant’s budget and, flowing from that, also dealt with hourly rates and good reason to depart … Continue reading Incurred costs: Tucker v Griffiths and Hampshire Hospitals NHS Foundation Trust →
- January 8, 2018
Our survey says: ACL’s findings on costs budgeting
Costs budgeting, as we know it today, has been around for less than four years. It was only last June in Harrison v University Hospitals Coventry & Warwickshire NHS Trust that the Court of Appeal provided much needed clarification on the approach to be adopted by costs judges on detailed assessment on departing from approved … Continue reading Our survey says: ACL’s findings on costs budgeting →
- April 13, 2017
An exchange (rate) of views: compensating for currency differentials
Back in 2009, my client, a multinational law firm, obtained an award for costs in a piece of litigation for the European Central Bank. Needless to say, its client was invoiced in euros, by reference to euro hourly rates, yet the assessment of costs proceeded by reference to figures converted into sterling.
- October 13, 2016
Signia Wealth v Marlborough Trust Company: a growing enthusiasm for costs budgeting?
The widely reported chief Chancery master’s decision in Signia Wealth Ltd v Marlborough Trust Company Ltd & another indicates a marked departure in approach by the court from the early days of the Jackson reforms and costs budgeting.