17 April 2024 Precedent T and changes to the Costs Budgeting Process. There were significant changes made to Civil Procedure Rules which came into action in October 2020, containing new guidelines for variations in costs budgets. In an attempt to consolidate the process of revising cost budgets, the new CPR rules include the introduction of a Precedent T form and bring into force a new ‘oppressive behaviour’ […] Uncategorised
17 April 2024 Is a Counsel fee recoverable in a fixed costs dispute under CPR 45.29I (2) (C ). The recoverability of Counsel fees has been a hot topic amongst Claimant and Defendant’s costs practitioners especially in the context of claims that are subject to the application of the Fixed Costs regime. The decision of Aldred v Cham, was a massive blow to Claimant’s Solicitors and effectively swayed the pendulum in favour of paying parties as […] Uncategorised
17 April 2024 So what then constitutes ‘significant development’ to justify the filing of a Precedent T: BDW Trading Limited v Lantoom Ltd (2020) Costs LR 1597 case commentary. In the matter of BDW Trading Limited v Lantoon Limited, the High Court were asked to consider the interesting concept of ‘significant development’ which justifies a party in proceedings to revise their approved costs budget. The question before the Court was whether a five-fold increase in the disclosures was significant enough to revise the disclosure phase and […] Uncategorised
17 April 2024 The Civil Justice Committee’s proposals for changes to the Solicitors Guideline Hourly Rates. Last year was an interesting year with regards to the Solicitors guideline hourly rates. Here at Dynamic Costs we wrote an article commentating on the Court of Protection case of PLK & Ors (Court of Protection) Costs [2010] EWHC B28 in which Master Whelan was extremely critical of the 2010 GHR and their relevance or application in […] Uncategorised
17 April 2024 Guideline Hourly Rates in 2020. What role does inflation play when assessing the Solicitors hourly rates. In the field of costs litigation, perhaps the first and foremost disagreement between Paying Parties and Receiving Parties is whether the hourly rates claimed are appropriate. I would argue that in over 95% of the Points of Disputes, there will without a doubt be a dispute from the Paying Party that the hourly rates claimed […] Uncategorised
17 April 2024 Incorrect issue fees, abuse of process and limitation Defence. Before litigating the claim, it is often the case that the issue fee paid may not be reflective of the true valuation of the claim for a number of reasons. The first instance is where at the time of issuing, the Claimant Solicitors did have in their possession all the relevant evidence to fully quantify […] Uncategorised
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17 April 2024 The New Electronic Bills are finally here, is your firm ready for the digital revolution? April the 6th 2018, saw the dawn of the digital era in costs litigation and assessment of Multi-Track personal injury claims. The idea for electronic bill of costs in civil litigation goes as far back as 2009 and was first mooted by Sir Rupert Jackson in his “Review of Civil Litigation Costs: Final Report 2009”. Sir […] Uncategorised
17 April 2024 Dynamic Costs successfully obtains an indemnity wasted costs order against the defendant in a fixed costs matter. We acted for a Defendant/Part 20 Claimant in the matter of Sehr Hamid v Mrs Shafina Bi a Post LASPO Road Traffic Accident Claim. The circumstances of the claim were that the Claimant/Part 20 Defendant’s solicitors failed to adhere to court directions including an unless order. As a result of the non-compliance with the unless […] Uncategorised
17 April 2024 Can a Discontinued Defendant in a Multi-Defendant claim enforce their adverse costs Order against a Claimant who was successful in recovering damages against a co- Defendant. Since the introduction of the Jackson Reforms in 2013, in particular, the introduction of the Qualified One Way Costs Shifting into personal injury claims … Uncategorised
