Kathryn Regan What do you need to do to make sure you are getting them right? Make sure you’re entitled to raise them Make sure your invoice includes everything it is supposed to Is it really that simple? Based on the wealth of Solicitor Act case law over the last few years in particular, apparently…
Louise Satterthwaite What does an enforcement clause deal with? An enforcement clause outlines how the contracting parties’ obligations, duties or responsibilities will be enforced under the contract. They also indicate the repercussions of a failure to fulfil the contract. Prior to October 2023 parties to commercial disputes would often rely on the costs provision included…
Matthew Waring Proportionality in relation to costs has evolved, the latest overhaul (or reform if you will) came in 2013 with Rupert Jackson’s report. However, many will recall the pre-Jackson Reforms “Lownds” test where necessity trumped proportionality. However, roles are reversed now and the Court’s approach to applying the current test was somewhat of a…
Rebecca Mogford As many practitioners will be aware, the assessment of Court of Protection remains an issue. There have been significant delays in the processing side and the actual assessment of the bills. However, the Court have been pro-active in trying to keep everyone up to date with their service user updates. Whilst we all…
Aaron Hurst The general rule is that costs follow the event, and the unsuccessful party will be ordered to pay the successful party’s costs. However, this is not an absolute rule, and the courts have wide discretion when it comes to making costs orders. Where the successful party has failed on one or more issues,…