COST BITES 331: SOLICITOR FAILS TO SHOW THEY WERE OWED £573,529 IN COSTS: NEITHER A LIEN OR THE LEGAL AID CHARGE NECESSARILY GIVES RISE TO A DEBT FROM THE CLIENT

COST BITES 331: SOLICITOR FAILS TO SHOW THEY WERE OWED £573,529 IN COSTS: NEITHER A LIEN OR THE LEGAL AID CHARGE NECESSARILY GIVES RISE TO A DEBT FROM THE CLIENT

January 19, 2026 · by · in Applications, Assessment of Costs, Civil evidence, Civil Procedure, Costs, Members Content

This is an unusual case where a third party challenged a solicitor’s right to be a creditor in an insolvency arrangement. The third party argued  that the sums claimed by the solicitors were not in fact recoverable from the respondent. …

COST BITES: 330 THE ABSENCE OF A COSTS SCHEDULE DOES NOT MEAN THAT A SUCCESSFUL RESPONDENT IS GOING TO BE DEPRIVED OF THEIR COSTS

COST BITES: 330 THE ABSENCE OF A COSTS SCHEDULE DOES NOT MEAN THAT A SUCCESSFUL RESPONDENT IS GOING TO BE DEPRIVED OF THEIR COSTS

January 19, 2026 · by · in Assessment of Costs, Civil Procedure, Costs, Members Content

Here we have an interesting issue about whether the successful respondent to an appeal should be deprived of their costs because a costs schedule had not been filed.  The appellant’s alternative argument was that the respondent should be ordered to…

BACK TO BASICS MONDAY: DO NOT MENTION A PART 36 OFFER TO THE TRIAL JUDGE BEFORE THE TRIAL(OR DURING IT FOR THAT MATTER...)

BACK TO BASICS MONDAY: DO NOT MENTION A PART 36 OFFER TO THE TRIAL JUDGE BEFORE THE TRIAL(OR DURING IT FOR THAT MATTER…)

January 19, 2026 · by · in Avoiding negligence claims, Civil evidence, Civil Procedure, Costs, Members Content

The first time I wrote on this topic many practitioners expressed surprise that I had written something so very “basic”.  Some readers were incredulous. However, as we see below, others shared their experiences.  This rule is not known, or not…