A circuit judge had no discretion to refuse a 10 per cent uplift to successful legally-aided claimant, because their claim did not fall within the singular Simmons v Castle exception.
The Court of Appeal has ruled that costs awarded to successful Part 36 claimants in RTA portal claims can be recovered on the indemnity basis and not limited to the less generous fixed costs regime.
Litigants may be forced to choose between abandoning claims or representing themselves if LAA funding decisions cannot be made within appeal timeframes – even for judicial review claims.
HHJ Pelling QC exercises caution in the absence of "express or implied agreement of the parties" to indicate whether, or not, he would have been prepared to approve an increase in the Defendant's approved costs budget had an application been made pre trial.
CFA rendered unenforceable due to its failure to comply with the Conditional Fee Agreements Order 2013 following assignment
Claimant permitted to switch to a CFA / ATE arrangement, despite their previously-obtained CLS funding certificate remaining in force
A claimant’s decision to surrender their legal aid funding in favour of a CFA rendered unreasonable due to their solicitor’s failure to give advice regarding the post LASPO landscape
Access to Justice Act costs rules did not breach ECHR, court decides in majority verdict
Warby J reduces defendant’s proposed legal budget by more than a quarter, claiming the reduced sum will still allow them to undertake a “proper” defence.
The complex and financially onerous ECF application process has undermined the regime’s LASPO safety net, says Collins J
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"Tom Winyard is very experienced and knowledgeable in this minefield of costing. He is a very effective communicator and handheld me every step of the way in my dealings with the most aggressive unethical opposing counsel. When the world caved in on me, it was Tom who step-by-step and patiently built the picture to protect his client. After hiring 4 law firms, waste of money and time and did not even achieve anything close to what Tom can offer. It would certainly be detrimental too to any suffering party not to hire Tom Winyard because I have certainly called almost 40 costs firms in London and had no joy with them. Thank you Tom, we will be forever indebted. We are grateful and we thank God for enabling us to find Tom to salvage the most painful event."Linda Chin - Singapore