proportionality

Circuit Judge increases appellants’ recoverable costs in proportionality appeal

Celebrity litigants Brian May and Anita Dobson win significant recoverable costs uplift as circuit judge questions Master Rowley’s proportionality decision.

Assignment of CFA

Post-LASPO assignment of CFA does not extinguish a claimant’s right to recover success fee

Court of Appeal decides that a pre-April 1 2013 CFA was novated when a claimant agreed to instruct a replacement firm – but that LASPO transitional rules allow their success fee to be recovered regardless.

Interest on costs: Effect on final costs certificates

A Solicitors Act compliant statute bill must contain all disbursements incurred during the period to which it relates

The High Court has affirmed that in order to comply with the strict requirements of the Solicitors Act 1974 a statute bill must be a complete and self-contained bill for costs including all disbursements incurred during the period covered.

Departures sign

The court can only depart from agreed or approved budgets, up or down, if there is a “good reason” for doing so

Davis LJ endorses Master Whalan’s approach to where costs budgets have been agreed or approved

Cliff

Costs Budgeting And Incurred Costs | To Comment Or Not To Comment

Chief Master Marsh considers the purpose and effect of commenting on incurred costs at a costs management hearing under CPR 3.15 and PD 3E.

costs budgeting

Parties warned to stop treating costs budgeting “as a form of game”

Coulson J warns against parties adopting an unrealistic approach to and in particular with regards to Precedent R.

costs budgeting

Costs budgeting trumps detailed assessment… to an extent

Carr J: “On a on a standard basis, the costs judge is bound by the agreed or approved cost budget, unless there is a good reason to depart from it.”

High Court

Court of Appeal clarifies amount of fixed costs payable where case settles ahead of a disposal hearing

Briggs LJ decides that cases which commence under the RTA and EL/PL protocols and settle prior to a disposal hearing attract the most generous fixed costs regime

cfa assignment

SCCO approves another CFA assignment

Pre-LASPO 2012 CFA can be transferred between firms, Master Leonard decides

High Court

QOCS applies to appeals, High Court rules

CPR 44.13 should be interpreted in a way that “more justly achieves what is plainly the purpose of the regime as divined from the Rules”, says Edis J.