Can a Payment on Account of Costs request be made after the Hearing?
October 1, 2017
In a recent case before Master Matthews, the Claimant argued that a payment on account should be sought at the time the costs order was made, or an interim costs certificate issued at any time after the commencement of the detailed assessment process. The Chancery Master considered the position when a request for a payment on account of costs is sought after the hearing but before the order is sealed and concluded that there is “no objection in principle” to considering such a request. To read more, please Click Here.
“Unusual” Time Recording and the Potential Consequences
September 3, 2017
In a recent case before the Senior Courts, Master Rowley gave a preliminary ruling that charging for routine work in 10-minute units was “unusual” in litigation and is likely to be reduced at detailed assessment to the usual one-tenth of an hour. To read more, please Click Here.
Practicalities of Detailed Assessment in Budgeted Cases
September 3, 2017
In the recent case of Woodburn v Thomas (costs budgeting) [2017] EWHC B16 (Costs), Master McCloud gave guidance on the practicalities of detailed assessment in budgeted cases and identified a ‘tension’ between practice direction PD 3E B(6)(d) and comments made by Master Gordon-Saker in the case of BP v Cardiff & Vale University Local Health Board. To read more, please Click Here.
Fixed Costs for Interim Applications
September 3, 2017
In a recent case before Truro County Court, the issue to be decided was the level of fixed costs to be awarded to the Claimant following a court order for pre-action disclosure. Consideration was given by the Court to the provisions of CPR 45.29H (1)in matters where there has been no advocacy. To read more, please Click Here.
Increase in Costs in Clinical Negligence Cases
August 7, 2017
The annual report by NHS Resolution (NHSR) has revealed a rise of 19% in claimant costs over the last year from the previous 12 months. Claimant legal costs for non-clinical claims however were lower which the NHSR attributed to the impact of fixed recoverable costs. To read more, please Click Here.