Interim Payments: Four stages at which they should be sought
Securing interim payments on account of costs from the opponent is one of the most important exercises to undertake in order to maintain adequate cash flow and improve lock-up performance. This article addresses the four stages during both the substantive action and detailed assessment procedure at which interim payments should be sought from the […]
Circumstances in which Indemnity Costs are Appropriate
There has been significant interest in the recent clinical negligence case EAXB v University Hospitals of Leicester NHS Trust in which the claimant was awarded indemnity costs where the defendant instigated a joint settlement meeting but made no offer. Therefore, we discuss the many circumstances in which a costs award on the indemnity basis […]
Underspend or Incomplete Costs Budget Phase: A Clear Distinction Should be Made
To depart from an approved or agreed costs budget, whether it be upwards or downwards, a party must demonstrate ‘good reason’ under CPR 3.18(b). Furthermore, it is a well-established principle that the ‘good reason’ bar has a high threshold. Two recent decisions have shed much needed light on the issue of whether incurring less […]
Costs Orders Available to the Court: Ensuring the Correct Order is Obtained
There are a number of costs orders available for the court to make. To assist our readers in seeking and obtaining the most appropriate order following interim and appeal hearings, we consider the terms of the different types of orders available and their effect. ‘Costs in any event’ has the effect that the party […]
Refusal to Engage in Alternative Dispute Resolution: Costs Sanction or no Costs Sanction
Alternative Dispute Resolution (‘ADR’) is an effective tool to achieve an earlier settlement of a legal dispute but it also has a significant role in the control of costs. We discuss the circumstances in which a party’s failure to engage in ADR could result in a costs sanction, as well as situations in which a […]
Law Costs Draftsmen and Costs Lawyers in London
What is a costs lawyer and law costs draftsman? In English law, a law costs draftsman is a specialist lawyer who settles the legal costs of a court case. The role of the law costs draftsman centres on a procedure known as the detailed assessment of costs, which is controlled by statute in England and […]
