Change in law afoot on costs capping in environmental claims

  The High Court has stated the recent change in law for cases involving costs capping in environmental claims must be re-examined. Mr Justice Dove ruled that rule 8(5) of the Civil Procedure (Amendment) Rules 2017/95, allowing caps on legal costs to be varied at any point during a case, rather than remaining fixed throughout, … Continue reading Change in law afoot on costs capping in environmental claims

Deed of rectification of a CFA – Permission to Appeal granted

The Court of Appeal has recently been asked to consider an application for permission to appeal an Order of Warby J in relation to the Appellants’ funding arrangement. In Frade & Ors v Radford & Anor [2017] EWCA Civ 1010 (14 July 2017) the underlying dispute concerned a Spanish film. The First Claimant was commissioned to … Continue reading Deed of rectification of a CFA – Permission to Appeal granted

Costs Budgeting – Tension between guidance note and Practice Direction

The recent judgment of Deputy Master McCloud, sitting as a Deputy Costs Judge in the SCCO, has sought to clarify the position regarding how costs relating to costs management should be presented, arising out of a tension between Practice Direction 3E and the MOJ Precedent H guidance note. The Practice Direction, at 3E B(6)(d) states … Continue reading Costs Budgeting – Tension between guidance note and Practice Direction

Departing from an approved Costs Budget; doesn’t EVERY matter have some form of ‘good reason’?

The Court of Appeal decision in Harrison v University Hospitals Coventry and Warwickshire NHS Trust [2017] EWCA Civ 792 held that where there is an approved costs budget, that figure will only be departed from if there is ‘good reason’ to do so. This is in line with CPR 3.18. The key question is then, … Continue reading Departing from an approved Costs Budget; doesn’t EVERY matter have some form of ‘good reason’?

Legal Hy’s for the Highlands

On 1st June the Scottish Government introduced the Civil Litigation (Expenses and Group Proceedings) Bill , which contains a number of changes to litigation funding in Scotland. Chief among the changes is that, for the first time, Scottish solicitors will be able to enter into damages based agreements (DBAs) with their clients. The new Scottish model differs … Continue reading Legal Hy’s for the Highlands

A Costs Budget confined to Court fees only can be amended where significant development occurs

  In a recent decision of Lewis J in the Queen’s Bench Division, a Claimant, following significant developments in the litigation, was permitted to amend their original budget which had been reduced to court fees only. In ASGAR & ANOR v BHATTI & ANOR (2017) QBD, the first Defendant was a solicitor and the second … Continue reading A Costs Budget confined to Court fees only can be amended where significant development occurs