Pre-LASPO CFAs can be Transferred
January 1, 2018
In a recent case before the Court of Appeal, the Court has held that a pre-LASPO CFA can be transferred from one firm of solicitors to another (even post-LASPO) as well as being able to recover success fees. It was previously held that a pre-LASPO CFA was not valid as the CFA had terminated when the practice closed. However, the Court of Appeal in Budana v The Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980 concluded that there had been a valid novation (as opposed to an assignment). To read more, please Click Here.
“Dishonest” fees can result in Disallowed Costs
January 1, 2018
In a recent case before the Court of Appeal, the Court declined to overturn a decision in the Leeds County Court wherein costs were disallowed due to misconduct. Amongst other allegations, the paying party alleged that the other party was trying to recover fees at inflated hourly rates and mislead the defendant as to the status of the person undertaking the work. To read more, please Click Here.
‘Court fees only’ Budget overturned
December 4, 2017
In a recent case before the Bradford County Court, His Honour Judge Gosnell has overturned a refusal to grant relief from sanctions to a party which filed its costs budget more than two months late (being eight days before the case and costs management conference). District Judge Hickinbottom originally found “no good reason for the default” and restricted the budget to court fees only. To read more, please Click Here.
Disbursements must be included in Interim Statute Bills
December 4, 2017
In a recent case before the High Court, Mrs Justice Slade dismissed an appeal concerning a dispute over 61 invoices issued by a law firm to their client (43 of which were for solicitors’ fees only and 18 for disbursements only). The High Court consequently served notice to the solicitors to submit complete invoices after backing a ruling that a statute bill should contain details of disbursements. To read more, please Click Here.
New Bill of Costs – we are here to help
December 4, 2017
Mandatory implementation of the new electronic Bill of Costs is now only 4 months away!
Costs incurred after 6 April 2018 will have to be presented in the new format for virtually all multi-track bills. It is envisaged that the digital Excel format will facilitate automatic amendments and re-calculations.
Under the new process, each item of recorded time will need to be allocated with a phase code, task code and activity code, there are 14 phases, 41 tasks and 10 activities to choose from. Similarly, disbursements will need to be allocated into the same phases and tasks and then into one of 15 categories.
Sound daunting? We are here to help.
Having worked closely with our software provider and conducted trials, we have ensured that our systems are effective and robust. We are now able to comply with the new requirements on your behalf. Additionally, we will be happy to provide you with assistance and advice regarding your time recording processes in advance of the deadline.
Please call us on 01600 719161, or email paul@trslegalcosts.co.uk for further information.
