Summer 2015

Inside Law Issue 11 Summer 2015

Inside Law Issue 11

Payments On Account of Costs – Peter Jones

Healthy cash flow is imperative to any business and therefore the increase to Court Fees that took place on 1st April 2015, (where the Court Issue Fee for a case with damages of more than £200,000.00 increased to £10,000), came as a body blow to the partners of many claimant solicitors firms throughout England and Wales…

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To Be Just, or Not To Be? – Lee Ellison

The making of an appropriate Part 36 offer within costs proceedings is fairly new in procedure, however is of great importance for both receiving and paying parties, particularly to ensure costs protection moving forwards to any assessment hearing. Pitched right, the new CPR 36.17 (4) (d) (prior to 6th April 2015 – CPR 36.14) can result in a further 10% recovery on the costs assessed. This change in the rule has invited the Claimant to make reasonable offers for acceptance and penalises the Defendant for not accepting the same…

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Arbitration for Personal Injury and Clinical Negligence Claims – Andrew Ritchie QC

With court fees going up more than 500% the time has come for insurers, the NHSLA, the MIB and personal injury/clinical negligence law firms to use arbitration to fight and settle personal injury and clinical negligence claims…

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The Rat Pack – Tracey Benson

How could rats feature in an EL claim? In fact they are the key feature in a case I am pursuing against a “major supermarket” as coming into contact with rats caused my client to contract the deadly Weil’s disease and he came close to death! …

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Introduction of the New Format Bill of Costs and J Codes – Steve Jepson

 

At the recent Association of Costs Lawyers (ACL) Conference held in May 2015, it was announced that the new format Bill of Costs and J-Codes will be implemented in October 2015 by way of Practice Direction, which will be voluntary and feedback will be requested. This will be followed by a mandatory pilot which will start 1st April 2016, for all cases in the SCCO…

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The Broadest Shoulders Must Carry Their Fair Share – James Byrne, Assisted by Navid Hakimmaani

On 16th January 2015, HHJ Simon Brown QC, sitting as a Judge of the High Court held that after a case had been won, it was too late to increase the Budget. The Judgment having previously been handed down, the Claimant sought five Orders with one being that the Claimant’s approved Costs Budget be increased to £172,677.40. A side issue to this was the fact that the Claimant also sought an Order that the assessment of the costs be on the indemnity basis…

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