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Court of Protection Focus 2016, the year of Costs

This year has seen added complexity to the role of Professional Deputies and Trustees thanks to the introduction of the OPG105 Form, greater costs management requirements and a tighter approach by the SCCO. Our Costs Consultant Sean Linley, offers some key advice. In July 2016, the Office of the Public Guardian published updated guidance in respect of Professional Deputy Costs. Whilst the document (that can be viewed here) doesn’t provide any ground-breaking revelations, it does provide some useful clarification and…

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Part 36 -v- Fixed Costs

The insurance industry and the Department of Health have been lobbying hard, (entirely in the interests of the general public, obviously), for fixed costs across vast swathes of civil litigation – even in areas where this would actually cost them more money, such as the recent failed attempt by the insurance lobby to fix the costs of “costs only” proceedings – seemingly in ignorance of the fact that the order made is usually along the lines of “Costs of the…

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Important Information for all Multi-Track Litigation Practitioners

From 6 April 2016, a series of amendments to the rules and regulations surrounding Costs Budgeting and subsequent Costs Management come into force. These changes take some cases out of the budgeting regime, limit the papers to be provided to the Court and show the extent of judicial desire for budgets to be agreed in advance of CCMCs. The amendments to the rules and practice directions are set out below.   Section II of CPR 3, dealing with costs management,…

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Default Costs Certificates Finally Have Their Day

Prinz Nagalingam, Senior Solicitor Advocate explores how Default Costs Certificates are finally proving their worth. There has rarely ever been a ‘good reason’ for allowing a Receiving Party the opportunity to request a Default Costs Certificate, but pre Mitchell it was also rarely the case that the Court would find there was no ‘good reason’ to not set aside a Default Costs Certificate. In our experience the excuses for failing to serve Points of Dispute on time have ranged from the…

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