The Court of Appeal focused on applications for discovery as to funding arrangements made by the unsuccessful Claimants and the potential liability of solicitors for a third party costs order. In a first appeal at Norwich County Court, Eady J ordered disclosure on how the claims were funded. In both cases, the same firm of…
‘BUDGETS – ‘cost control not cost reduction’ The facts of this case are as follows; this action began on 20th February 2012 with the granting of a search order and other associated injunctive relief arising out of attempts by the first defendant, Lea Mark Adams, working with the fourth defendant, John Jones, and through the…
‘Alarm bells!!! –Just because costs are approved in the budget does not mean they are proportionate’ The case concerned a breach of contract claim that fell under the Mercantile Court costs management pilot and the budget approved by HHJ Kaye QC in Leeds. At the CCMC the Claimant’s revised costs budget totalled £129,176 and the…
‘Get your budget right!’ In Murray & Anor v Dowlman Architecture, prior to the first CMC, the parties exchanged costs budgets. The judge; Mr Justice Coulson subsequently considered the same and made a costs management order. The Claimant’s costs budget was approved in the sum of £82,500. Shortly after, the Defendant’s solicitor pointed out…
A much anticipated Court of Appeal ruling has been made public today where it upheld a stringent judgment in a landmark case which establishes the court’s post-Jackson hardline approach to costs budgeting. In a judgment released this morning, the court refused relief from sanctions to the firm representing Andrew Mitchell in his libel action over…
The guideline hourly rates (GHR) should be increased by nearly a fifth if access to justice is going to be protected, the Association of Personal Injury Lawyers (APIL) has claimed. Meanwhile, City solicitors have accused the Civil Justice Council (CJC) costs committee investigating the GHR of pursuing a “flawed” approach that, if implemented, could reduce…
‘Trip Wires for The Unwary’ – When the No-Nonsense Approach to Relief from Sanctions may be Overlooked Background In this particular case, the Claimant and Defendant exchanged cost budgets seven days before the original Cost Management Conference. As it happens, the Cost Management Conference was postponed, though this had no material impact on the issue…
The committee reviewing the guideline hourly rates is set to issue a short call for evidence next month. HHJ David Hodge QC, the circuit judge member of the Civil Justice Council costs committee has said that the consultation will open at the beginning of November. Solicitors from all areas of law will have a month…
Applications on time, Please !! Once again, another reminder of Mitchell. The background of this matter is as follows: The Claimant sued the Defendant in respect of losses alleged to have been incurred as a result of a negligent property valuation. The matter was settled in November 2011. One of the terms of settlement, was…
A Warning on Funding Enquiries and Hourly Rates – Get them right or suffer the Costs Consequences Background This was a case for personal injury resulting from a tripping accident occurring in 2008. The matter was conducted by 2 parties, firstly by Falcon Legal Service ltd, through whom the Claimant trades as a sole practitioner,…