COST BITES 455: COURT OF APPEAL DECISION TODAY ON WHETHER A CLIENT IS ENTITLED TO RAISE PART 18 QUESTIONS AS TO WHETHER THE SOLICITOR OBTAINED COMMISSION ON AN ATE PREMIUM
In this judgment today the Court of Appeal held that it is not appropriate for a former client to raise Part 18 questions as to whether their former solicitors had received a commission on an ATE policy. This is important…
COST BITES 368: THERE WERE NO “SPECIAL CIRCUMSTANCE” WHICH MEANT THE SOLICITOR’S BILL SHOULD BE ASSESSED OUT OF TIME: THERE IS NOTHING THAT CALLS FOR AN EXPLANATION
We are returning to the previous case to look at the second half of the Cost Judge’s decision. Having determined that the bills were statute bills the judge then considered whether there were “special circumstances” which would entitle the claimant…
COST BITES 254: DOES YOUR CLIENT HAVE CAPACITY? AN IMPORTANT POINT WHEN CONSIDERING THE VALIDITY OF THE RETAINER: AN ISSUE CONSIDERED IN THE SCCO TODAY
It is rare for issues of capacity to considered on an assessment of costs. However that is precisely the issue considered in this case. If the defendant established he did not have capacity when he entered into a retainer with…
COST BITES 235: HOW IMPORTANT ARE ESTIMATES WHEN DETERMINING SOLICITOR AND OWN CLIENT COSTS?
Most clients will want to know how much legal work is going to cost them. Most lawyers provide an estimate. The question in this case is how significant is that original estimate in a subsequent solicitor and own client assessment? …
COSTS BITES 136: SOLICITORS COULD NOT RENDER BILLS FOLLOWING TERMINATION OF RETAINER: THE REMEDY WAS TO SUE FOR DAMAGES
An earlier post looked at some aspects of the judgment of Mr Justice Trower in Winros Partnership v Global Energy Horizons Corporation [2021] EWHC 3410 (Ch). The assessment of costs in that action continued after the appeal. Preliminary points were considered by…
TEN MINUTES IS A LONG TIME IN LITIGATION: SOLICITOR AND OWN-CLIENT ASSESSMENT OF COSTS CONSIDERS BILLING PRACTICES IN DETAIL
I am grateful to Shimon Goldwater for sending me a copy of the judgment of Master Rowley in Breyer Group Pie -v- Prospect Law Limited (A copy of which is attached Costscase). There are significant observations made in relation to…
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