The Impact of Misconduct during the Assessment Process
April 24, 2017
In a recent case whereby the Defendant made an application pursuant to CPR 44.11 (1) and (2) that the Court disallow all or part of the Claimant’s entitlement to costs on the grounds of her solicitors’ improper and/or unreasonable conduct during or in the context of detailed assessment proceedings, Master Whelan highlighted the importance of checking bills carefully and being accurate. The terms “improper” and “unreasonable” are defined carefully and in this case the Claimant’s Solicitors had repeatedly prepared Bills that were inaccurate and mis-certified resulting in a reduction of the Claimant’s entitlement to costs by 50%. To read more, please Click Here.
Claimant permitted to cancel Part 36 Offer made before new PI discount rate
April 2, 2017
In a recent case the High Court allowed a Claimant to withdraw her Part 36 Offer which was made before the discount rate applied to PI payouts was changed. As a result the Claimant was potentially able to secure more damages. To read more, please Click Here.
“Special Circumstances” and Solicitors’ Bills
April 2, 2017
The Court of Appeal has recently been considering the meaning of “special circumstances” under Section 70(3) of the Solicitors Act 1974 in relation to the assessment of Bills. To read more, please Click Here.
Supreme Court backs Assignment of CFAs
April 2, 2017
In a recent case before the Supreme Court regarding an assigned pre-Jackson CFA, the recoverability of both the Claimant Solicitors’ success fee and the “top-up” after-the-event insurance premium was upheld. To read more, please Click Here.
HHJ Carr’s views on Costs Budgets and Detailed Assessments
March 5, 2017
In a recent case (also mentioned in one of our other articles), HHJ Carr gave judgment that approved budgets do not replace detailed assessment but rather dictate how such assessment should be concluded. To read more, please Click Here.
