Tip of the month

September 2, 2019

In privately funded cases where an award of inter partes costs is possible, always ensure that your retainer is valid, that it provides for the recovery of costs by all appropriate grades of fee earner (forget Pilbrow -v- Pearles de Rougemont & Co. at your peril!), and always remember to inform the client when an increase in the hourly rate is required.

Solicitor’s costs not restricted by pledge to honour conditional fee agreement

September 2, 2019

The High Court rejected the Claimant’s appeal seeking to cap the fees of a contested trial even though they had an email from a partner stating that the original budget would be honoured. Mr Justice Stewart, sitting in the Queen’s Bench Division, concluded that there was no binding agreement to limit costs. To read more click here

Litigant told that opponent’s costs being higher than their own is not a basis for argument

September 2, 2019

The Claimant was told in the High Court that the ‘comparison approach’ was not appropriate in deciding whether costs being sought were unreasonably high . The judge said that costs would be assessed on the basis of work done, not by comparing one side’s costs with the other. For more information click here

Tip of the month

July 26, 2019

High Costs Case Plans have deadlines for submission to the LAA. Please ensure that there is no avoidable delay in the instruction for the preparation of the HCCP. When deciding to register consider – unrecorded time, enhancement, Panel membership and fees for preparing the HCCP.

Costs for superfluous QC slashed

July 26, 2019

The Court of Appeal reduced counsel fees by £31,250 after a party arrived with his entire legal team for a one-day costs hearing. The QC’s presence was considered unreasonable and the brief fee was removed additionally, the costs of the junior counsel were halved.
To read more please click here