The point determined was one of significance with reference to the manner in which catastrophic injury claims are handled, specifically whether Claimant solicitors can recover the costs of multi-disciplinary meetings connected with the Claimant’s rehabilitation, whether with the case manager or financial deputy, and if so whether the Court should place any limits on the recovery of these costs or leave it open for arguments at costs management or detailed assessment. At first instance, Master McCloud had determined the point of principle against the Claimant, finding that such costs were not ..read more

In July 2023 the MoJ launched a consultation on a number of issues arising out of the new FRC regime. The consultation considered a number issues to include; whether costs on assessment should be fixed; whether there should be fixed costs for Part 8 (costs only) claims; the recoverability of inquest costs and restoration proceedings and how this should be dealt with in the CPR; the issue of providing for the recoverability of advocates’ preparation in cases that are either settled late or vacated; whether the fixed trial advocacy fees in Practice Direction 45 should be further uprated for in ..read more

Amendments to three of the Practice Directions supplementing the Court of Protection Rules 2017 have also been made. The amendments come into force as from 1 April 2024 and are summarised as follows; – Practice Direction 2A has been amended to make provision for circumstances in which circuit judges and recorders may act as Tier 3 Judges; – Practice Direction 19B is substituted to reflect updates to fixed costs that may be claimed by deputies and to make other consequential amendments to reflect recent case law. The update provides for increases to fixed fees across all Categories I-VII. Also ..read more

Often Legal Aid cases can be complicated and of high value, referring to the LAA guidance if a cost is likely to exceed £25,000 it will then become a high-cost case. Solicitors should keep an eye on their costs especially now that Legal aid certificates have a limitation of £25,000 in family cases. A situation could arise where in an exceptional case the cost is nearing £20,000 then the Solicitor should really think about having the case registered as high costs and apply to the Legal Aid Agency. Some important points to always be aware of in high-cost cases. 1). There are 2 teams managing hi ..read more

The decision just handed down in Woolley v Ministry of Justice [2024] EWHC 304 (KB) (16 February 2024) appears to me unusual in that I cannot recall another decision in which the amounts awarded by a Judge in respect of future costs have been successfully challenged (or as in this case referred back to the County Court for determination afresh in their entirety by a different Judge). The rarity of a decision of this type, and the reasons given for the successful appeal are instructive both as to the principles which guide Costs Management and the approach which parties should take in best pre ..read more

New guideline hourly rates have come into play from the 1st January 2024. Master of rolls Sir Geoffrey Vos has approved the Civil Justice Council’s recommended new Guideline Hourly Rates for solicitors. There are uplifts across the entirety of the figures which is refreshing considering previous historic rates have become stale and often ignored by the powers that be. The distinction between London and National Grades remains in place. It is imperative that all Lawyers that wish to benefit from the increased rates update their client care letters and advise clients. If you do not do this then ..read more

Kate Benn explores the interesting arguments and decision in Briley & Ors v Leicester Partnership NHS Trust & Ors [2023] where detailed consideration as to the importance of a claim is as, if not more, important that the monetary value. Background of the case Interestingly, this case was heard 3 years ago during the pandemic, and pre the GHR 2021 rate increases, with Judgment now being made. In very short summary of the facts of the case, it concerned a young woman’s death following mental health difficulties and a subsequent referral to Child and Adolescent Mental Health Services (CA ..read more

Q: What are Fixed recoverable costs (FRC)? A: Fixed recoverable costs set the amount of legal costs that the winning party can claim back from the losing party in civil litigation. They already apply in most low-value personal injury cases and have done since April 2013 (although some more limited FRC schemes were in effect even beyond then). They are now being extended. Q: Why are they being extended and when? A: FRC currently apply to personal injury fast track matters and are being extended from October 2023, with the introduction of a new intermediate track for cases with a value of up to ..read more

A “How To” Guide   Electronic filing, also known as e-filing, has been a mandatory requirement within the Court of Protection sector for over three years now, with the pilot scheme launching back in October 2019. To ensure that an assessment can take place, the Bill of Costs, N258B, and Authority for Assessment must be e-filed on the CE-File system. At R Costing, we carry out e-filing on your behalf in addition to providing guidance and training on how to e-file successfully, with tips on how to ensure your filing does not get rejected.   What’s changed since 2019?   The recent ..read more

The case of CXS V Maidstone and Tunbridge Wells NHS Trust [2023] EWCH 14 (KB) explored opposing applications, one for costs management and the other for additional payments on account of costs where the claim involved a minor. The full judgment can be viewed here; CXS v Maidstone and Tunbridge Wells NHS Trust [2023] EWHC 14 (KB) (12 January 2023) (bailii.org) Background  The case involves a minor (age 7) who suffered a hypoxic brain injury at birth and has since neem diagnosed with cerebral palsy. A claim was brought by her father (Litigation Friend) in March 2029 with a full admission o ..read more