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Budget Revision: Time it Right!

In this week’s blog, Reuben Glynn, Managing Director, PIC, reminds practitioners about the importance of revising budgets before a current approved/agreed budget has been exceeded. Practitioners will be aware that CPR PD 3E para 7.6 provides that parties may ‘revise a budget in respect of future costs upwards or downwards, if significant developments in the litigation warrant such revisions’. The hurdle to overcome is a relatively high one and it remains imperative that great care is taken in the first…

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(A Different) Mitchell Case: Proportionality & Additional Liabilities?

In this recent SCCO matter, Master Leonard found that a £10,000.00 ATE premium incurred in a clinical negligence matter was both reasonable and proportionate. Seamus Kelly, Costs Consultant, reports. Background The claim related to negligent treatment of an ovarian endometrioma. The Claimant’s solicitors were engaged in June 2013, and following a review of the medical records, instructed an expert in gynaecology and obstetrics to prepare an initial report in February 2015. The expert’s report supported the contention that the Defendant…

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Managing the costs of clinical negligence: A claimant’s perspective on the NAO report

The eagerly awaited report from the National Audit Office (NAO) has recently been published and provides an interesting read for claimant and defendant solicitor practitioners, as well as NHS staff. Seamus Kelly, Costs Consultant, reports. The focus of the report was to assess the government’s efforts to understand and manage the rising costs of the Clinical Negligence Scheme for Trusts. In particular, the report examines what is causing the rising costs of clinical negligence claims and whether the NHS Resolution and the Department…

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Are you living a champagne lifestyle on a beer budget?

Have you noticed, over the last few years, that you are having to work harder in order to earn the same money? That’s the ever-increasing effect of the Jackson style rule changes and LASPO. Three major factors have taken much of the profit out of injury litigation – fixed costs in the fast track, the end of recoverability of additional liabilities and the new test of proportionality. Indeed, many claimant lawyers are now working so hard to stay at the…

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Fixed Costs Proposals for Hearing Loss claims finally revealed

The Civil Justice Council (CJC) has published a final report putting forward recommendations for a fixed costs scheme for Hearing Loss claims. Sean Linley, Costs Consultant, reports. The Master of the Rolls Sir Terence Etherton has confirmed that he has ‘written to the Lord Chancellor to commend the report and ask for its recommendations to be considered as part of the forthcoming wider review of fixed costs’. The CJC’s report is in response to the government’s request to look at…

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Finally found a ‘good reason’ (or have we?)

Ever since the introduction of costs budgeting there has been a desperate need to clarify the relationship between costs budgeting and the detailed assessment procedure. Kelsi Harrison reports.  Arguably the biggest development since its introduction are the cases of Harrison v University Hospitals Coventry and Warwickshire Hospital NHS Trust (2017) 3 Costs LR424 and Merrix v Heart of England Foundation NHS Trust [2017] 1 Costs LR91. These cases were clear in that the importance of the detailed assessment procedure had been…

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