Judge refuses to back down after slashing disproportionate Bill
March 5, 2017
In a recent case where a £72,000 bill was being pursued for a £3,000 claim, the Judge insisted that this was ‘disproportionate’ being a fraction of the amount claimed. The Judge clarified that “costs are proportionate if they bear a reasonable relationship to the sums in issue in the proceedings”. To read more, please Click Here.
High Court backs “budgeting regime” throwing Fixed Costs in doubt
March 5, 2017
In a recent case (Merrix v Heart of England NHS Trust), it was successfully argued that the current system of costs budgeting would be sufficient and that a budget fixed the amount of recoverable costs. It was further concluded that the judge will not depart from the last approved or agreed budget unless there is good reason to. To read more, please click here. To read more, please Click Here.
Details announced of the Fixed Costs for Clin Neg cases
February 6, 2017
Health Secretary Jeremy Hunt has unveiled the details of the fixed costs for clinical negligence cases. The consultation also puts forward a number of options for the level of fees. The Department of Health has said that the scheme will be mandatory for all claims worth up to £25,000 and the consultation will also consider other issues such as the use of experts and Civil Procedure Rules. To read more, please Click Here.
Failure to provide a Bill Breakdown could result in costs
February 6, 2017
A recent decision in the case of Parissis v Matthias Gentle Page Hassan by Morris J on appeal concluded that, as the firm had not provided a breakdown of the bill when requested by the Client nor directed the litigant in person to the procedure under section 64 of the Solicitors Act 1974, the firm should pay the costs of the detailed assessment of the bill of costs under section 70. To read more, please Click Here.
Disagreement over Proportionality Test causes confusion
February 6, 2017
A recent decision by Master Brown expressly disagreed with the Senior Costs Judge’s ruling in the case of BNM. Instead, Master Brown backed the decision of Master Rowley’s ruling last month thereby agreeing that only base costs should be subject to the test and not additional liabilities. To read more, please Click Here.
