A number of law firms have recently hit the scuppers financially. This demise can likely be attributable to one issue; cashflow. The law on interim payments is simple. The court has the power, in CPR 44.2(8), when ordering a party to pay costs subject to detailed assessment, to also order the Paying Party to pay … Continue reading Never too late to ask for interim costs
In a recent Judgment, the Commercial Court has given guidance to Defendants when seeking security for costs. The matter of Accident Exchange Limited & Ors v McLean & Ors  EWHC 1533 (Comm) (12 June 2018) concerned allegations of conspiracy and deceit against the Defendants, who consisted of both firms of solicitors, and their employees/officers. … Continue reading Don’t delay in getting security!
In the recent case of Dana Gas PJSC v Dana Gas Sukuk Ltd & Ors  EWHC 332 (Comm), the Court has given useful guidance on its approach to assessing a reasonable sum when ordering a payment on account of costs. The Fifth Defendant (BlackRock) intervened in the proceedings following the granting of an injunction in … Continue reading Court gives interim costs guidance
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
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  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
Permission to appeal the judgment of Master Campbell in the matter of RNB v London Borough of Newham, which confirmed that the reduction in hourly rates was enough of a ‘good reason’ to depart from an approved budget, has now been granted. Master Campbell originally outlined that it was unsatisfactory to allow a higher hourly … Continue reading RNB – Permission to appeal granted
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
The Court of Appeal decision in Harrison v University Hospitals Coventry and Warwickshire NHS Trust  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’?
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
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