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Cost & Litigation Funding Newsletter April 2016

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LJ Jackson most recent lecture - new format bills of costs

On 21 April 2016 LJ Jackson delivered his most recent lecture. The topic was the new format bill of costs. His lecture notes can he found here.

LJ Jackson made some interesting comments and recommendations during his lecture. He described the current bill of costs as “based upon the style of a Victorian account book”. He opined that there is “now a state of deadlock” on the new format bill of costs and we “need practical proposals to break the deadlock”.

The lecture re-enforced the fact that all that is required to produce the new format bill of costs is for lawyers to capture time by phase, task and activity. The change is minor and if time is recorded in phases this should not be an obstacle.

We now need to wait and see what the Civil Procedure Rules Committee does, but be prepared for a new format bill of costs from 1 October 2017. We will keep you up to date with developments.

Any questions? Please contact me at andrew.mcaulay@clarionsolicitors.com or call me on 0113 336 3334.

Negotiations are mandatory

 

An additional layer has been introduced to the costs management process. Parties must now attempt to negotiate budgets for cases where proceedings were commenced after 6 April 2016.

Parties have to engage in settlement discussions and attempt to narrow the issues.  Each party MUST complete a budget discussion report (precedent R).  This must show the areas of the budget that have been agreed and those which remain in dispute, an explanation has to be provided regarding the contentious areas.

Any questions?  Please contact Sue Fox at sue.fox@clarionsolicitors.com or call me on 0113 336 3389.

Hot Off The Press – an update on the assignment of CFA’s

 

On 19 April 2016 the parties concluded their arguments in Liverpool County Court on the case of Jones v Spire Healthcare. HH Judge Wood QC is to hand down a written judgment in the coming weeks.

It is anticipated that the unsuccessful party will appeal the decision to the court of appeal and therefore, for the time being, uncertainty is likely to remain on this important point.

Any questions? Please contact Joanne at joanne.chase@clarionsolicitors.com or call me 0113 336 3327.  

Save the date: 8 June 2016

 

We are likely to be hosting a breakfast seminar on 8 June 2016 in conjunction with the Leeds Law Society and Kings Chambers.  You will have the opportunity to pose questions to an expert panel of Counsel, Lawyers and Costs Lawyers, the focus will be ‘fixed costs in litigation’ following Lord Justice Jackson’s recent recommendations.

The seminar is being run by the Leeds Law Society and they will be circulating details regarding the Q and A session in due course.  We look forward to seeing you there.

Disclaimer: Anything posted on this blog is for general information only and is not intended to provide legal advice on any general or specific matter. Please refer to our terms and conditions for further information. Please contact the author of the blog if you would like to discuss the issues raised.