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Updates, Insight & Analysis

Mar 13 2018

A Farewell to Lord Justice Jackson

As Lord Justice Jackson retires Patrick Toal of Civil and Commercial Costs Lawyers looks at a number of recent important decisions in the key areas of the Jackson Reforms which highlight why now, more than ever, it is important to ensure you instruct the right Costs Consultant to represent you.

Jan 10 2018

Proportionality – Further clarification on the application of Rule 44.3(5)

In 2016 Master Rowley gave judgment in the case of May & May v Wavell & Bizarri [2016] EWHC B16 (Costs). This appeared to be the defining word on how to apply the test of proportionality. However, whilst the costs were still held to be disproportionate HHJ Dight CBE and Master Whalan has confirmed that the methodology in reaching the decision was not correct. Daniel Jones of Civil & Commercial Costs Lawyers discusses the judgment, which should give further clarity how the proportionality test is to be applied.

Dec 14 2017

Can You Recover A Higher Rate Of Interest On Your Funding Costs?

The idea that interest can be recovered is trite law given the decision in Jeffrey Jones & Ors v The Secretary of State for Energy and Climate Change & Ors [2014] EWCA Civ 363.  Revisiting the case 3 years after the event, what Costs Lawyers Tom Mason and Anil Virji found interesting was not the outcome, but the fact that too few people are taking advantage of the case to recover a competitive rate of interest on disbursement funding.

Nov 29 2017

BNM - The Court Of Appeal Confirms Proportionality Position

The Court of Appeal provided its decision in the case of BNM v MGN Limited [2017] EWCA Civ 1767 on 7 November 2017. The appeal looked at whether the old CPR 44.4(2) or the new CPR 44.3 (2) &(5) test for proportionality should be applied to additional liabilities which are still recoverable inter partes. ,

Oct 12 2017

Court of Protection round up

The Practice Directions relate primarily to solicitors and public authorities appointed to act as Deputy; as well as providing updates in relation to fixed costs, there are changes to the practice direction relating to payments on account and the introduction of costs estimates.