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Professional Deputies! Find the new OPG guidance on Travel Claims unclear? Read on!

The phones in our Court of Protection Costs office rang off the hook earlier this month after the new practice guidance on travel costs (issued by the Office of Public Guardian) gave less than clear advice for professional deputies on the recoverability of travel fees. Adrian Hawley, Head of Court of Protection Costs at PIC, provides some clarification. I am often asked by Court of Protection Deputies about restrictions to travel to meet with the Protected Party. There are those cases which…

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Harrison: The Impact

The judgment in Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792 (21 June 2017) is now with us. The implications are likely to be wide and they raise as many questions as answers. Sean Linley, Costs Consultant, reports. The Court of Appeal considered two main areas pertaining to the interplay between an approved or agreed Costs Budget and the effect that this has at Detailed Assessment. An additional issue concerning when proceedings are commenced for the…

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Change of name, change of pace? What ‘NHS Resolution’ means for your costs.

The NHSLA has recently rebranded itself to NHS Resolution. The Health Secretary suggested this was illustrative of a change of focus from, ‘simply defending NHS litigation claims to the early settlement of cases, learning from what goes wrong and the prevention of errors’. Lee Dixon, Senior Costs Draftsman, PIC, looks at the impact of the rebrand.  I wonder whether the rebrand is a tacit acceptance that the ‘old’ way was the ‘wrong’ way? However, it takes more than a name change (and…

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20 years of office work: how to stay motivated!

Ian Moxon has been a Costs Draftsman/Costs Lawyer for 20 years – that’s 20 years of office work! Although he enjoys his job, when you do the same thing day-in day-out, in reality it can be difficult to stay motivated, so here’s what he recommends: 1. Have a goal (it’s really important). Paying the bills isn’t a goal, it’s a necessity (a horrible stick). You must have a goal. Many young lawyers are working to progress their careers – brilliant (all the…

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Budget Monitoring (an idea ahead of it’s time?)

Ian Moxon, Costs Lawyer at PIC, provide a clear-cut case as to why practitioners should adopt a Costs Budget Monitoring process to ensure the best outcome in your final costs claim, even though it’s not yet a widely adopted practice.  Costs Budgeting: where are we now? Back in 2013 we were all faced with setting up systems of work to deal with the new requirement to costs manage Multi-Track cases. In response, most injury solicitors set up systems simply aimed…

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Defendants Warned To Quit Playing Tactical Games During The Costs Budgeting Process

On the 12 May 2017, the Hon. Mr Justice Coulson bandied around the following statements that Claimant solicitors have argued since the introduction of Costs Budgets in 2013: “..An unrealistically low budget.” “..it is completely unrealistic.” “..designed to put as low a figure as possible on every stage of the process, without justification, in the hope that the court’s subsequent assessment will also be low.” “..an abuse of the cost budgeting process.” “..unjustifiably low.” “..simply incredible..” “..reflects their own unrealistically low…

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