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Interest on Disbursements

Catherine Walmsley, Costs Lawyer, comments on Secretary of State for the Department of Energy and Climate Change and another v Jones and Others v [2014] EWCA Civ 363 where the Defendant was ordered to pay interest on disbursements….. In this matter the Claimants had financed personal injury claims under a CFA, with their Solicitors agreeing to fund the cost of disbursements by means of a ‘credit’ agreement. The Claimants’ Solicitors had funded disbursements of over £787,500.00. The agreement provided that…

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Increase in Court fees!

It doesn’t seem that long ago that Court fees were last increased, but the Ministry of Justice has confirmed that many Court fees are set to increase again from 22 April 2014. Court issue fees for civil claims of £5000.00 or above will each increase by £200.00 on the current fees, therefore ranging from £445 to £1870.00, as compared to current fees of between £245.00 and £1670.00. It is not clear yet whether Court fees for smaller claims will increase,…

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Costs Budgeting – More Changes to Come

John Plunkett, Costs Lawyer, explains the upcoming changes to the Costs Budgeting Rules   Following a consultation last summer; at the recommendation of the Master of the Rolls, Lord Dyson, and Deputy Head of Civil Justice, Lord Justice Richards; costs budgeting amendments, subject to Parliamentary approval, will apply to CPR 3.12, 3.15 and Practice Direction 3E; and will come into force on 22nd April 2014. More importantly; Rule 3.12 now applies to all Part 7 multitrack claims commenced on or…

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Jackson Reforms – A Year On

Prinz Nagalingam, Senior Solicitor Advocate, summaries some of the difficulties faced a year after the Jackson Reforms. The Law Society has produced recent comment in the Gazette that, in no uncertain terms, expresses the views of the profession as to the first year of the Jackson Reforms. Difficulties have been experienced from start to finish, with clients struggling to understand and cope with the sheer volume of documentary explanation required, and an inconsistent Judicial response which, on occasions, has lead to…

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A Warning from the Commercial Court

In a case where a claim for alleged misselling became ‘a misguided piece of opportunism,’ John Hodgkinson, Solicitor & Costs Advocate, expands on why a Judge has issued a warning that the Commercial Court will ‘firmly discourage the taking of futile and time wasting procedural points’ Rattan v UBS AG, London Branch [2014] EWHC 665 (Comm) (12 March 2014) Transferred from the Chancery Division to the Commercial Court, the Order for transfer provided ‘that the costs management provisions of CPR…

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More, Post Mitchell

In January 2014 the parties in The Governor and Company of the Bank of Ireland & Anor v Philip Pank Partnership exchanged costs budgets, but the claimant failed to include a full statement of truth.  Whilst the document was signed and dated by a partner it had the words “[Statement of Truth]”.  The defendant therefore contended that the claimant required relief from sanction under 3.14 of the CPR. PD22 specifies that the following statement of truth is required “The costs stated…

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