Practical Law

You would hope that, these days, situations where a solicitor has provided his client no guidance as to costs would be rare. One came before Master Leonard in a Solicitors Act 1974 assessment of a bill for work representing the client’s son, who had been arrested and charged with murder following a fight in Crete. … Continue reading What happens when a solicitor provides the client with no guidance as to costs? →

CPR 36.2(3) provides that a Part 36 offer may be made in respect of the whole, or part of, or any issue that arises in, a claim. This is reflected in CPR 36.5(1)(d) which, in relation to the form and content of a Part 36 offer, requires the offeror to state whether it relates to … Continue reading Interest and Part 36 offers: is Potter right? →

Costs disputes frequently involve having to look at a solicitor’s retainer and deciding what it means so as to determine whether or not a costs claim offends the much maligned but still alive indemnity principle. Many practitioners and judges thought that Arnold v Britton was the last word and that it reflected a move away … Continue reading Guidance, is it always useful? →

Part 36 never ceases to throw up disputes. Recently, “issue of the month” has been what happens when a defendant accepts a Part 36 offer late.

You may think that the law of costs will sail on majestically, despite the political turmoil of the last few weeks. Who could have predicted, however, that instead of Michael Gove as Secretary of State for Justice and Lord Chancellor, we would have Liz Truss? Her appointment has brought forth trenchant criticism from, amongst others, … Continue reading Brexit and costs →

Jackson LJ’s proposals to introduce fixed costs in multi-track cases worth up to £250,000 make me think back to the days of County Court scale fees, and a quick dig around some dusty books turned up the County Court Practice for 1995. There I was reminded that, until 30 June 1991, there were four scales … Continue reading Fixed costs: a trip down memory lane →

When returns on investment in traditional markets are at an all time low, capital (especially private capital) seeks better returns elsewhere. Pensioners cash in their pensions and dive into the buy-to-let market (their children need to worry about their inheritances if/when that bubble bursts), while more adventurous investors see litigation as a money spinner.

In the first of our guest posts by members of 39 Essex Chambers, Simon Edwards discusses Lord Justice Jackson’s Harbour Lecture entitled “Confronting Costs Management”, which was delivered on 13 May 2015.