Costs – Page 18 – Law Journals

Costs: Cutting your cloth

Rani Mina considers the impact of the new Practice Direction on costs budgets ‘The new Practice Direction may increase the risks that lawyers face as, should the approved costs budget prove to be wide of the mark, they will not only have an unhappy client but could face a claim if the budget was prepared …

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Costs: Summary execution

Paul Jones discusses the prospects of appeal following a summary assessment of costs ‘A judge should consider the component parts of the claim for costs but he was not obliged to go through a box-ticking exercise in which he had to make a ruling on each and every one of the elements of the costs …

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Costs: Giving up gracefully

Dick Warner looks at recent case law on awards of costs following discontinuance of proceedings ‘The terms of r38.5 CPR were such that the discontinuance of the main action would not affect any proceedings relating to costs, but when considering an application under r38.6 CPR, the court would place weight on whether or not the …

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Costs: A distinction without a difference

Paul Jones reviews a recent case that emphasises the discretion judges have when dealing with costs ‘Where a court considers that a party has acted unreasonably and, by virtue of that unreasonable conduct, has obtained a costs order on the standard basis rather than the more prescriptive fixed costs, the court can assess the costs …

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Costs: A ‘claims culture’

The implementation of the Jackson reforms, as announced by Kenneth Clarke on 20 March 2011, sees a return to the way litigation was funded 15 years ago, as Glenn Newberry finds out ‘For those who missed the CFA revolution: it’s gone, you’ve missed it. For those who’ve made their fortunes out of it, it seems …

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Costs: Costs consequences

Vanessa Mitchell and James Copson discuss the changes introduced by the costs provisions in the FPR 2010 ‘If one of the intentions of the new rules is to produce a simpler structure for the administration of family justice, then sadly the costs rules have been overlooked and remain fiendishly complicated.’To what extent can the family …

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Costs: Concluded at trial

Paul Jones discusses when a 100% success fee applies ‘If a case settled less than 14 days before the date fixed for commencement of the trial, a 50% success fee would apply, but if the trial actually commenced, a 100% success fee would apply.’ Fixed success fees in RTA claims, accidents at work and industrial …

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Costs: Model awards

Andrew Hogan considers whether we have reached the end of success fees ‘The hearing before the House of Lords took place prior to the quantification of the success fees, so argument took place without the hard figures to hand.’ On 18 January 2011, the Fourth Section of the European Court of Human Rights handed down …

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Costs: Recoverability

Paul Jones considers when predictable costs apply ‘If neither fixed predictable costs nor fixed small claims track costs applied, then the only remaining option was for reasonable costs on the standard basis to be payable.’ One of the central tenets of the proposed reforms to civil legal costs is that increased use of fixed costs …

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