Clik here to view.
COSTS MANAGEMENT ORDERS AND COSTS BUDGETING
Costs Management Orders Simon Gibbs – simon.gibbs@gwslaw.co.uk – said on 11 February 2015: “Costs budgeting is already proving to be an expensive and counter-productive experiment.” Many share that...
View ArticleClik here to view.
COURT AND TRIBUNAL FEES AND REMISSIONS
The much publicized increase in civil court fees took place on Monday 9 March 2015. Set out below is the draft Statutory Instrument which contains the fees. There then follows a piece on Court Fee...
View ArticleClik here to view.
PROVISONAL ASSESSMENT
Provisional Assessment I am grateful to Simon Gibbs at http://www.gwslaw.co.uk/blog/ for much of the material in this piece. Provisional assessment applies to all detailed assessment proceedings...
View ArticleClik here to view.
COURT FEES PETITION!
I refer to my blog COURT FEES INCREASE: THE FIGURES. An online petition to stop these increases has been launched and is attracting a huge number of signatures. Whatever our views we can all agree that...
View ArticleClik here to view.
KERRY ON TOUR!
UNDERWOOD ON FIXED RECOVERABLE COSTS AND PORTALS & QUALIFIED ONE WAY COSTS SHIFTING 2 courses, 3 hours CPD each, SRA authorized. Notes updated electronically until 1 January 2017. £100 plus VAT per...
View ArticleClik here to view.
INDEMNITY COSTS
This piece deals with the principles of when indemnity costs should be made as a result of a fault by the paying party. This is very different from indemnity costs under Part 36 which is considered...
View ArticleClik here to view.
JACKSON: 2 YEARS ON
The Jackson Reforms came in on 1 April 2013 to an almost unanimous chorus of approval. Two years on, how are they doing? Proportionality Speaking to Liverpool Law Society on 11 March 2015 Dominic...
View ArticleClik here to view.
Does QOCS apply where there is a nil success fee?
Kerry is conducting a nationwide series of seminars on Qualified One-Way Costs Shifting. For more details click here. Such arrangements were not uncommon; it is widely used in cases where Before the...
View ArticleClik here to view.
COSTS AGAINST LAWYERS
General The power of the court to award Wasted Costs against a legal representative arises from the Courts and Legal Services Act 1990, Section 4(1), which enacted a new section 51 of the Supreme Court...
View ArticleClik here to view.
EXAGGERATION = FRAUD – KEY COURT OF APPEAL CASE
EXAGGERATION = FRAUD – KEY COURT OF APPEAL CASE The Court of Appeal has said that exaggerating injuries for financial gain is fraud. This is a very important decision that suggests that the...
View ArticleClik here to view.
INDUCEMENTS IN PERSONAL INJURY CASES
INDUCEMENTS IN PERSONAL INJURY CASES Sections 58 to 61 of the Criminal Justice and Courts Act 2015 introduce rules against inducements to bring personal injury claims. These are largely uncontroversial...
View ArticleClik here to view.
CFAS: NEVER NAME THE DEFENDANT!
The issues raised in this blog are dealt with in Kerry’s course Fixed Recoverable Costs and Portals – book here. Four courts have reached four different conclusions in cases where the wrong defendant...
View ArticleClik here to view.
PERSONAL INJURY: QOCS, S.57 and 10% UPLIFT
The issues raised in this blog are dealt with in Kerry’s course Qualified One Way Costs Shifting and Jackson Update – book here. Type of work The current Qualified One Way Costs Shifting...
View ArticleClik here to view.
PORTALS AND FIXED RECOVERABLE COST: 76 FAQ’S
If you can answer most of these questions then there is no need to book for Kerry on Tour; if you can’t then click here. WHIPLASH AND MEDCO Q1 Is the scheme confined to neck and associated...
View ArticleClik here to view.
INSURANCE – INTERPLAY BETWEEN ATE INSURANCE AND PROFESSIONAL INDEMNITY INSURANCE
Kerry is the author of the After The Event Insurance chapter of Insurance Disputes. In Impact Funding Solutions Ltd v Barrington Support Services Ltd (formerly Lawyers at Work Ltd) and AIG Europe...
View ArticleClik here to view.
CPR COMMITTEE: MORE DANGEROUS THAN UKIP
The Civil Procedure Rules Committee, unelected, unrepresentative, unaccountable and undemocratic, has decided to remove judges from a whole series of judicial functions including deciding applications...
View ArticleClik here to view.
PERSONAL INJURY AND FUNDAMENTAL DISHONESTY – CLIENT CARE WORDING
PERSONAL INJURY AND FUNDAMENTAL DISHONESTY – CLIENT CARE WORDING I set out below suggested wording for the client care letter and statements by the client to assist lawyers in dealing with Section 57...
View ArticleClik here to view.
DOING DEFENCE DIFFERENTLY
Don’t dumb down Senior lawyer intervention at start; A stitch in time saves nine; Is it in the right portal – employees, Crown servants and all that; Part 36 Immediate offer on liability where...
View ArticleClik here to view.
QOCS, COSTS AND DISCONTINUANCE
QOCS, COSTS AND DISCONTINUANCE In Dar Al Arkan Real Estate Company v Al Refai [2015] EWHC 1793 (Comm) the Commercial Court of the High Court held that discontinuance of an action has no effect on any...
View ArticleClik here to view.
FUNDAMENTAL DISHONESTY, STRIKING OUT AND HUMAN RIGHTS ACT
FUNDAMENTAL DISHONESTY, STRIKING OUT AND HUMAN RIGHTS ACT In Fairclough Homes Ltd v Summers [2012] UKSC 26 the Supreme Court held that a court had the power to strike out a claim in its entirety in the...
View Article
