Discreet, smart and highly experienced, when you need advice and assistance with compliance, procedure, preparation, risk management and disputes surrounding solicitors’ costs and litigation funding, our dedicated team is here to help.
Stephanie, Andrew and the cost team at Clarion provide a fast, efficient and effective service. Stephanie goes above and beyond to assist when needed. Clarion have achieved excellent results for us with many bills being assessed and agreed with 100% recovery of the costs claimed. Stephanie is always on hand to assist with any queries I have and it is a pleasure to work with her and her team. I would have no problem in recommending Stephanie and the costs team at Clarion.
Partner and COP Deputy – Manchester
Sue is a leader in her field of Costs Management, who always delivers in an efficient manner. Her work is of a high standard and she continually goes the extra mile to turn around urgent work at very short notice, which is why she is my ‘go to’ person on costs. Sue’s technical knowledge and attention to detail is second to none.
Associate, commercial litigation - Leeds
Since we started instructing Andrew and his team to cost our Court of Protection matters, we have seen a significant increase in our recovery rates. The team members are approachable and always on hand to answer any queries we have. Clarion's expert guidance and efficient systems have made a real and positive difference to our work.
Partner and Court of Protection Deputy - Sheffield
I have instructed Andrew and his team on a number of occasions. They offer fantastic client service and always give honest, sensible and commercial advice.
Partner – Leeds
Cost specialists operating within a large dynamic practice, we also act for firms of solicitors and insurers across the UK.
Flexible, practical and commercially minded, we’re fully aware of the pressures and constraints within the complex and shifting landscape of costs. Offering accurate, efficient and timely turnaround of files with the maximum recovery possible, our competitive fees are tailored to meet your needs, including hourly rates, fixed fee or percentage charges.
Bringing to bear highly regarded expertise, especially within the areas of court of protection, commercial litigation, personal injury and costs budgeting/management - whether you are the paying or receiving party, insurer or private client. The bulk of our work comes via referral and recommendation and all work is kept strictly confidential within the Costs and Litigation Funding team.
Take advantage of our free telephone advice service, call 07764 501252 - available outside office hours.
Free in-house training seminars for solicitors. Talk to us about you and your team’s continued professional development and keep up to date with our regular e-bulletins - register your interest with andrew.mcaulay@clarionsolicitors.com.
Have a look at our Clarion legal costs website to view our blogs, a selection of our latest blogs are below:
Discreet, smart and highly experienced, when you need advice and assistance with compliance, procedure, preparation, risk management and disputes surrounding solicitors’ costs and litigation funding, our dedicated team is here to help.
The Costs and Litigation Funding team at Clarion provide me with an excellent costs drafting service. They are friendly, efficient and offer a good pricing structure. Andrew and his team have made a real difference to our costs recovery on Court of Protection cases and I cannot recommend them highly enough.
Solicitor, Court of Protection Specialist
Andrew is an extremely proficient costs lawyer who gives attention to every detail to ensure maximum costs recovery. His extensive knowledge of alternative litigation funding options is second to none. I would not hesitate to recommend him.
Partner (Property Litigation)
Sue’s ability as a legal costs professional is exceptional and she always ensures she has time to fit in the needs of our firm, whilst ensuring all her other responsibilities are met. She is always contactable by phone or email for advice and she has also provided some very detailed guidance and support during staff training. Sue’s Budgeting drafting skills are impeccable and she is also a very confident and persuasive advocate when the discussion of costs budgeting arises at a CCMC. I would highly recommend Clarion and Sue to any person who was looking for a highly capable and experienced legal costs professional.
Head of Costs
Our tailored case management system, combined with a suite of precedent documentation, provides a cost-effective, methodical and transparent service and includes the preparation of:
- Bills of costs
- Schedules of costs
- Statements of costs for summary assessment
- Precedent H costs budget
- Points of dispute and replies
- Plus, expert advice and advocacy services
- Negotiate budgets and prepare the budget discussion report (precedent R)
- Attend costs management hearings
We not only focus on these aspects but also provide advice in respect of the entire lifecycle of a case to ensure the maximum recovery is achieved.
Providing the kind of service you’re looking for, we can collect files and redeliver them to your office or, alternatively, work at your offices to ensure your files never leave your premises. Competitive pricing, fees tailored to meet your needs and direct access to high quality law costs draftsmen for reliable and timely action and advice, talk to us about how we can help you.
Take advantage of our free telephone advice service, call 07764 501252 - available outside office hours.
Free in-house training seminars for solicitors. Talk to us about you and your team’s continued professional development and keep up to date with our regular e-bulletins - register your interest with andrew.mcaulay@clarionsolicitors.com
Happy New Year!
We hope that you had a good Christmas break, and that 2019 is a prosperous and successful year for you and your organisation.
We have few seminars coming up …
On 21st March 2019, we are organising a Serious Injury Conference at…
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Costs paid by a third party - breach of the indemnity principle?
The case of HMRC -v- Gardiner and Others [2018] EWHC 1716 (QB) is a case concerning an alleged breach of the indemnity principle.
Background
The Respondents were amongst several tax…
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Qualified One-way Costs Shifting: 2 recent Court of Appeal decisions
1. Multi Defendant actions – when a Tomlin Order is not enough
The Court of Appeal found in the case of Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654 that a successfu…
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Make sure your costs budgets, statements of costs and bills of costs are prepared correctly!
The Court of Appeal recently handed down Judgment (Gempride -v- Jagrit Bamrah and Lawlords of London Limited [2018]) in a case which involved alleged misconduct …
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Fixed Costs – Where are we?
On 31 July 2017, LJ Jackson delivered his report in relation to the extension of fixed recoverable costs and not much has happened since! LJ Jackson retired on 7 March 2018 and since that time there has been no announcem…
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In June 2017, we provided advice in our newsletter “Time recording and the new electronic bill of costs” as to how litigators could prepare themselves for the implementation of the new electronic bill of costs, which was at the time set to be …
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Fixed Costs – Where are we?
On 15 February the issue of fixed costs developed following a consultation response by the Department of Health and Social Care.
The consultation response focused on fixed costs for clinical negligence cases w…
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Fixed Costs – Where are we?
We are now approaching February 2018 and a defining silence remains from the Ministry of Justice in relation to Lord Justice Jackson's fixed fee recommendations.
David Lidington has been replaced as Lord Chancellor …
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Fixed Costs – Where are we?
Following LJ Jackson’s report there have still not been any developments in relation to the extension of fixed recoverable costs. Rumour mill suggests that the MOJ are happy with LJ Jackson’s proposals and th…
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Fixed Costs - where are we?
Fixed costs has gone quiet! There has been no developments since LJ Jackson released his report on 31 July and the Chief Justice and Master of the Rolls immediately responded saying:
"The report now falls to be c…
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Fixed Costs - where are we?
On 31 July, LJ Jackson’s report in relation to fixed recoverable costs was revealed, see here. Key points are:
Fixed costs to be introduced for all cases with a value of up to £25,000.00
The creation of an…
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Fixed Costs - where are we?
LJ Jackson remains on track to produce his report by 31 July 2017.
The current political landscape may create some delay as to any implementation. We have a new Lord Chancellor, the potential for a further General Election be…
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When?
From 01 October 2017, the new electronic bill of costs will become mandatory in the Senior Court Costs Office (SCCO). Representatives from HM Courts and Tribunals are meeting with the Hutton Committee (the working party set up to develop t…
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Fixed Costs Update
The Department of Health (DoH) fixed costs consultation closed on 2 May 2017. This is separate to LJ Jackson’s fixed costs review and it will therefore be interesting to see how they fit together or whether the DoH review is actu…
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Fixed Costs Update
LJ Jackson is currently travelling round the country and collating information in order to report to the government on the proposed extension of fixed costs by 31st July 2017.
It has been made very clear by LJ Jackson so far that his …
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Fixed Costs Update
Lord Justice Jackson’s report in relation to an extension to the current fixed costs regime is due for completion by 31 July 2017. The deadline (extended) for submissions was 30 January 2017.
LJ Jackson is now in the process of …
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Fixed Costs
The hot topic of fixed costs has developed recently with HM judiciary announcing that LJ Jackson is to lead a new review of fixed recoverable costs.
LJ Jackson has invited submissions and will approach the review with an ‘open mind&rsq…
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Fixed Costs
Good news was received this month with minutes from a CPR committee meeting on 8 July stating that the Department of Health intends to consult on a fixed costs scheme for medical negligence claims worth up to £25,000. Whilst there are s…
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Cost and Litigation Funding Seminar
We are looking forward to hosting our 4th annual costs and litigation funding seminar on 13 October. We have some great speakers including specialist Costs Counsel Roger Mallalieu and Kevin Latham. Topics that will be …
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Andrew McAulay’s insight into Fixed Cost
The burning issue of the introduction of fixed costs has remained quiet over the last 4 weeks.
The recent change of Prime Minister, the cabinet overhaul and the appointment of Liz Truss as Justice Secretary…
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Andrew McAulay’s insight into Fixed Costs.
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Andrew McAulay’s insight into Fixed Costs.
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LJ Jackson most recent lecture - new format bills of costs
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Fixed Costs & Disapplication of Fixed Costs
Fixed Costs
Following Lord Justice Jackson’s lecture on 28 January 2016 in relation to the extension of fixed costs (follow this link for further information), the Ministry of Justice issued the fol…
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The OPG have recently published Form OPG105.
Section three is the key part of the document. As a Deputy you are now required to provide estimates for the following categories of work:
Contact with the client, their family and friends.
Contact w…
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We wanted to end the year by letting you know about our new monthly newsletter that we will be launching in 2016. In each issue we will be sharing:
* Hot off the press topics
* Practical tips
* Watch this space notifications!
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The courts continue to have a swingeing and varying approach to costs budgeting, with some courts applying a quick broad brush approach, and others performing something akin to a detailed assessment.
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Would budgets work better if they were prepared after directions? asks Sue Fox
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We have noticed a sharp rise in the number of clients querying whether the costs claimed on their Power of Attorney and Grant of Probate matters are reasonable and proportionate in accordance with Part 44.3 of the Civil Procedure Rules (CPR).
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This article focuses on the main case law which impacts upon the costs within the Court of Protection.
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....including Lasting Powers of Attorney and Enduring Powers of Attorney.
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A sub-committee of the Civil Procedure Rule Committee (CPRC) has been consulting on the existing exemptions to automatic costs management.
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I have posted recently on this issue (reached via this link and this one) and there has been another interesting development on the issue.
HHJ Oliver-Jones QC, sitting as High Court Judge in the Queen’s Bench Division, has recently declined to f…
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Whilst reading the recent case of Forstater & Anor v Python (Monty) Pictures & Anor [2013] EWHC 3759 (Ch), one could be forgiven for a touch of confusion especially in view of the widely reported and commented upon Mitchell ruling of 27th November 2013.
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Are you unsure as to what documents to provide the Law Costs Draftsman for billing? Is your billing process being slowed by further paperwork being requested from you? Does it seem to be taking forever for you to receive payment on your matters?
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All the way through the run to ‘Jackson Day’ it was expected that in the new era there would be a tough approach by the Judiciary on the subject of allowing relief from sanctions to parties who fail to comply with the requirements of the Civil Procedure R
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From 1 April this year, the way in which clients can fund their legal cases substantially changed as a result of the Jackson reforms.
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Most of us involved in legal costs will by now have had the chance to come to terms with the major changes that have been brought in since 1 April 2013.
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In terms of costs budgeting and the new costs management ‘regime’, a failure to make appropriate, reasonable and realistic assumptions when preparing a Precedent H is ...
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Current rules
Special insurance policies exist to cover an adverse legal costs award, which may be available even if the dispute has already arisen. This is known as “after the event” insurance and it is intended to provide cover in the event…
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Lawyers must consider how they will use IT in costs budgeting.
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A new supplement to part 19 of the Court of Protection Rules 2007 has been published which increases the fixed costs applicable for Court of Protection matters where the period covered by the category of fixed fee ends on or after 1 February 2011. Please
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Further to my recent articles, the rollout of the limitation to success fees in defamation cases has been delayed by the former House of Commons Speaker, namely, Lord Martin of Springburn.
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Whenever a Court makes an Order about costs which does not provide for fixed costs to be paid, the Court will consider whether to make a summary assessment of costs.
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Fixed costs are nothing new in Court of Protection matters. Practice Direction B supplementing Part 19 of the Court of Protection Rules 2007 provides details of the fixed costs that are recoverable.
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The possibility of making a retrospective Conditional Fee Agreement (CFA) has been considered in a number of cases, highlighting an issue of growing importance to practitioners who use this type of agreement. Although the case law is not as yet completely
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Following challenges by the Law Society, the Legal Services Commission has changed how it determines which rate of VAT to pay to legal aid firms on disbursements.
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