Avi Dolties Case: Viegas & Ors v Cutrale & Ors [2024] EWHC 2778 (Comm) The judge had the task of determining the issue of costs after hearing a preliminary application. The Defendant sought an order that limitation be tried as a preliminary issue. This was opposed by the Claimant. The Defendant was successful. The Defendant…
Avi Dolties Litigant in Person Costs – CPR 46.5(4) sets out how the costs will be calculated, and this is either by reference to: proven financial loss, or the amount for the time reasonably spent on doing the work at a fixed rate, currently £19 per hour. Consideration is being given whether to increase the…
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,…
Holly Archbold Given we only started to see the widespread use of generative AI in the legal industry mid to late 2023 we are only just starting to feel the impact of the legal costs trickling through even now, so it’s not a well-trodden path. How costs should be recorded/presented is case specific and depends…
Avi Dolties Glaser and another v Atay (CA-2023-002356) This was heard by the Court of Appeal and on the 2.7.24 and judgment has been reserved. The matter relates to a financial remedy claim against by the Defendant against her husband. The Claimants were barristers engaged on a public access basis to represent her at a…
Jack Holland When writing an article on the implications of AI on the legal costs world my immediate focus was to test the present AI knowledge of the field. As such I thought it prudent to seek Chat GPT’s assistance in writing its own article with a limited instruction of ‘write me an article of…