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Updates, Insight & Analysis

 
     

Join us in Celebrating!

Jul 20 2018
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We are pleased to announce that Costs Lawyer, Rasa Maliukeviciute has recently joined Civil and Commercial in our London office. In addition this, Ashley Tezoo becomes the latest member of Civil and Commercial team to qualify as a Costs Lawyer.

Equal Rights for Proportionality Factors

Jul 12 2018
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It was held by Master Gordon-Saker that the factors for considering proportionality under CPR 44.3(5) are all equal in terms of their importance and weight and did not prevent the recovery of costs in an amount greater that the sums in issue.

Proportionality and the Importance of Case Planning

Apr 30 2018
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At the recent SCIL conference, Anil Virji spoke about the importance of Case Planning. Here Costs Lawyer, Mark Hardcastle revisits that talk to explain why Case Planning should not just be an aspirational concept or just left until the budgeting process. 

 

A Farewell to Lord Justice Jackson

Mar 13 2018
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As Lord Justice Jackson retires Patrick Toal of Civil and Commercial Costs Lawyers looks at a number of recent important decisions in the key areas of the Jackson Reforms which highlight why now, more than ever, it is important to ensure you instruct the right Costs Consultant to represent you.

Proportionality – Further clarification on the application of Rule 44.3(5)

Jan 10 2018
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In 2016 Master Rowley gave judgment in the case of May & May v Wavell & Bizarri [2016] EWHC B16 (Costs). This appeared to be the defining word on how to apply the test of proportionality. However, whilst the costs were still held to be disproportionate HHJ Dight CBE and Master Whalan has confirmed that the methodology in reaching the decision was not correct. Daniel Jones of Civil & Commercial Costs Lawyers discusses the judgment, which should give further clarity how the proportionality test is to be applied.

Can You Recover A Higher Rate Of Interest On Your Funding Costs?

Dec 14 2017
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The idea that interest can be recovered is trite law given the decision in Jeffrey Jones & Ors v The Secretary of State for Energy and Climate Change & Ors [2014] EWCA Civ 363.  Revisiting the case 3 years after the event, what Costs Lawyers Tom Mason and Anil Virji found interesting was not the outcome, but the fact that too few people are taking advantage of the case to recover a competitive rate of interest on disbursement funding.

BNM - The Court Of Appeal Confirms Proportionality Position

Nov 29 2017
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The Court of Appeal provided its decision in the case of BNM v MGN Limited [2017] EWCA Civ 1767 on 7 November 2017. The appeal looked at whether the old CPR 44.4(2) or the new CPR 44.3 (2) &(5) test for proportionality should be applied to additional liabilities which are still recoverable inter partes. ,