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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » 2019 » April » 03
BUNDLES AND PAGINATION CAN BE THE STUFF OF NIGHTMARES: ADVICE FROM ACROSS THE PROFESSION

BUNDLES AND PAGINATION CAN BE THE STUFF OF NIGHTMARES: ADVICE FROM ACROSS THE PROFESSION

April 3, 2019 · by gexall · in Bundles

I didn’t mean to start another “crowd sourcing” blog post so soon. However the post yesterday on the changes to the rules as to to bundles started an unexpected furore. The preparation of bundles has always been a big part…

PERSONAL INJURY SUCCESS FEES: REDUCTION TO 15% CONFIRMED BY COURT OF APPEAL: ATE INSURANCE IS RECOVERABLE AS A DISBURSEMENT

PERSONAL INJURY SUCCESS FEES: REDUCTION TO 15% CONFIRMED BY COURT OF APPEAL: ATE INSURANCE IS RECOVERABLE AS A DISBURSEMENT

April 3, 2019 · by gexall · in Appeals, Conditional Fee Agreements, Costs

In Herbert v H H Law Ltd [2019] EWCA Civ 527 the Court of Appeal upheld a decision on a solicitor and own client assessment that the additional liability in a simple personal injury case should be 15%. It allowed…

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  • THE COSTS JUDGE OVER YOUR SHOULDER 2: THERE WAS NO MISCONDUCT BY THE CLAIMANTS, HOWEVER THE COSTS OF ARGUING ABOUT CONDUCT WERE NOT ALLOWED
  • COSTS INCURRED PRIOR TO DEFENDANT’S BREACH ARE RECOVERABLE: THEY WERE “INCIDENTAL” TO THE APPLICATION
  • THE COSTS JUDGE OVER YOUR SHOULDER: A WORKING EXAMPLE: THE DETAILED ASSESSMENT OF COSTS: HOURS, SUPERVISION AND THE USE OF COUNSEL
  • THE REDUCTION OF A SUCCESSFUL CLAIMANT’S COSTS BECAUSE OF CONDUCT: RELEVANT CALDERBANK OFFERS CONSIDERED: RECOVERABLE COSTS REDUCED BY 15% AND 60%
  • SERVICE BY EMAIL WAS NOT GOOD SERVICE: A CLAIMANT NEEDS A SPECIFIC STATEMENT THAT SERVICE WILL BE ACCEPTED: APPLICATION FOR AN EXTENSION OF TIME REFUSED

Top Posts & Pages

  • SERVICE BY EMAIL WAS NOT GOOD SERVICE: A CLAIMANT NEEDS A SPECIFIC STATEMENT THAT SERVICE WILL BE ACCEPTED: APPLICATION FOR AN EXTENSION OF TIME REFUSED
  • THE REDUCTION OF A SUCCESSFUL CLAIMANT'S COSTS BECAUSE OF CONDUCT: RELEVANT CALDERBANK OFFERS CONSIDERED: RECOVERABLE COSTS REDUCED BY 15% AND 60%
  • THE COSTS JUDGE OVER YOUR SHOULDER: A WORKING EXAMPLE: THE DETAILED ASSESSMENT OF COSTS: HOURS, SUPERVISION AND THE USE OF COUNSEL
  • SUMMARY ASSESSMENT OF COSTS: THERE WAS PROCEDURAL UNFAIRNESS IN THE ASSESSMENT PROCESS, HOWEVER THE RESULT WOULD HAVE BEEN THE SAME
  • COSTS INCURRED PRIOR TO DEFENDANT'S BREACH ARE RECOVERABLE: THEY WERE "INCIDENTAL" TO THE APPLICATION

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