Court of Appeal decides that a pre-April 1 2013 CFA was novated when a claimant agreed to instruct a replacement firm – but that LASPO transitional rules allow their success fee to be recovered regardless.
The High Court has affirmed that in order to comply with the strict requirements of the Solicitors Act 1974 a statute bill must be a complete and self-contained bill for costs including all disbursements incurred during the period covered.
Warby J considers the application of CPR 36.13 (4)(b) and (5) following acceptance of a defendant's Part 36 Offer out of time
Chief Master Marsh considers the purpose and effect of commenting on incurred costs at a costs management hearing under CPR 3.15 and PD 3E.
Davis LJ endorses Master Whalan’s approach to detailed assessment where costs budgets have been agreed or approved
Coulson J warns against parties adopting an unrealistic approach to costs budgeting and in particular with regards to Precedent R.
Carr J: “On a detailed assessment on a standard basis, the costs judge is bound by the agreed or approved cost budget, unless there is a good reason to depart from it.”
Briggs LJ decides that cases which commence under the RTA and EL/PL protocols and settle prior to a disposal hearing attract the most generous fixed costs regime
Pre-LASPO 2012 CFA can be transferred between firms, Master Leonard decides
CPR 44.13 should be interpreted in a way that “more justly achieves what is plainly the purpose of the regime as divined from the Rules”, says Edis J.
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