One thing that solicitors should ensure they have when entering into a new funding arrangement, whether it is a standard (by the hour) fee arrangement or a conditional fee or damages based fee agreement, is that they have the informed consent of their client to incur the costs covered by the agreement before those costs … Continue reading An unusual price to pay.
Having not yet seen the full Judgment in Kjerrulf Ainsworth v Stewarts Law LLP - Ch D - Judge Klein - 26/02/2019, one might wonder if this matter would have been decided differently if it had concerned an assessment between the parties on the Standard Basis, as opposed to a Solicitor's Act assessment where the … Continue reading More work needed on points of dispute..
The recoverability of the costs of pre-action work is in the discretion of the court or tribunal if the work done or expenses incurred are proven to have been of use and purpose in the relevant proceedings and are, therefore, costs of or incidental to the proceedings. In any event, such costs must be reasonable … Continue reading Pre Action Costs
The SRA Transparency Rules came into effect on 6th December 2018, which the SRA says are aimed at improving competition in the legal market but are also to ensure that "members of the public and small businesses have the information they need about firms, the services they offer, the prices they charge and the protections they … Continue reading SRA Transparency Rules
In Slade v Boodia Lord Justice Newey disagreed with both the costs judge and Slade J in their interpretation of what the Solicitors Act 1974 and the subsequent case law suggest must be included within a solicitor's bill of costs to make it a 'bill bona fide complying with [the] Act' - s69(2E) Solicitors Act … Continue reading Re-defining ‘final bill’.
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
Mann and Ors v Transport for London  EWCA Civ 1520. Lord Justice Lindblom on appeal from the Upper Tribunal (Lands Chamber): "The Tribunal's discretion as to costs is a deliberately broad discretion, exercisable in a wide variety of proceedings. The Rules do not contain provisions corresponding to those in the self-contained procedure in CPR … Continue reading Court of Appeal rejects attempt to inject Part 36 into Upper Tribunal Rules