Accountancy & Costs Lawyer Services Limited

05/05/2019

Some people ain't done bad out of counting letters...

Commercial agreement in place for the sale of Huddersfield Town

29/01/2019

Pioneering law firm Just Costs Solicitors went into administration on Friday, leading to 26 redundancies. It is effectively the firm’s second administration after the original Just Costs went down in 2017.

15/03/2018

In Nash v MoD [2018] EWHC B4 (Costs) Master Nagalingam found that a reduction in hourly rates in relation to incurred costs did not lead to any reduction of the sums allowed on the costs budget. The hourly rates were only one of many factors. Another move towards effectively "what is budgeted is what you will get paid, subject to the indemnity principle".

16/02/2018

Here we go again...

Final recommendations on fixed recoverable costs are expected in the autumn, government says.

10/01/2018

The proportionality test is slowly becoming clearer, but is no more satisfactory for paying parties than the old Lownds test. Within the appeal against the reduction of costs payable to Dr Brian May "... [HHJ Dight] doubted that the proper interpretation of the [proportionality] rules entitled a costs judge at the end of an item-by-item assessment to impose a very substantial reduction on the overall figure without regard to the component parts."

08/11/2017

Whilst the uncertainty regarding how proportionality should be applied continues (each case will be considered on its own merits anyway, so no groundbreaking guidance was expected) it is at least clear that proportionality only applies to base costs, not additional liabilities.

Simon Browne QC and James Laughland, instructed by Atkins Thomson, have succeeded in persuading the Court of Appeal (the Master of the Rolls, with Longmore LJ and Irwin LJ) that the Senior Costs Judge was wrong to hold that the new test of proportionality applies to still recoverable additional liab...

31/10/2017

The Just Costs situation is common knowledge, but interesting to note that Optima Legal are also to close at the end of the year. The noose tightens. :(

18/08/2017

Within the recent decision of RNB v London Borough of Newham [2017] EWHC B15 (Costs), Deputy Master Campbell decided that there was a “good reason” to depart from a costs budget where the hourly rates claimed in the agreed/approved budget were in excess of the hourly rates allowed in pre-budget costs. This has caused a fair bit of consternation. Anyway, Deputy Master Campbell yesterday granted permission to appeal his decision. We must wait to see what guidance the Court of Appeal will give in relation to good reason, if any.

21/06/2017

The Harrison judgment has been handed down. This is a link to a summary of the main decisions and there is a link within the summary to the full judgment. Seems ridiculous to me that paying parties should get two bites of the proportionality cherry unless there is good reason, but what do I know!

The Court of Appeal has today handed down judgment in the important costs budgeting case of Harrison v University Hospitals Coventry & Warwickshire NHS Trust. The case is important reading in relation to the issue of how a budget affects detailed assessment. The Court dealt with four issues (althoug...

01/03/2017

Merrix v Heart of England NHS Foundation Trust [2017] EWHC 346 (QB). Mrs Justice Carr concluded:
“the answer to the preliminary issue is as follows: where a costs management order has been made, when assessing costs on the standard basis, the costs judge will not depart from the receiving party’s last approved or agreed budget unless satisfied that there is good reason to do so. This applies as much where the receiving party claims a sum equal to or less than the sums budgeted as where the receiving party seeks to recover more than the sums budgeted.
So, unless there is an application to depart, should the receiving party just draw a Bill stating the sums allowed within the costs budget?

08/02/2017

Another step towards indemnity costs being awarded if a Part 36 offer is accepted by a Defendant out of time...

District judge rejects argument that ruling would open floodgates to applications for indemnity costs.

01/02/2017

The responses are flooding in! Here is what the Law Society has had to say...

The Law Society has responded to Lord Justice Jackson's call for evidence for a review into fixed recoverable costs.