law costs draftsman

Wigg & Co - costing cases

proportionality in costs claims

News Flash! Please remember litigation is now "Judge directed" and costs may be capped. Be careful! The excercise of a Judge's discretion covers a very wide area.

Power of the Court: The power given to a Judge under the CPRs is very wide. The court has the power to make orders on its own initiative at every stage throughout the case and is empowered under the CPRs to control the evidence and specifically limit the issues on which evidence is required. It may also limit the nature of the evidence and the way it is put before the Court. The court whenever it exercises its powers of discretion, case management and interpretations must do so whenever practicable with regard to CPR 1.1.

Access to Justice: Are we soon to expect a costs recovery system based upon the German model as favoured by Lord Justice Jackson? Access to justice is only possible if solicitors are enabled to run profitable businesses! See "views of a costs draftsman".

This page contains a series of updated pages of information pertaining to legal costs and newlegislation.

Click on the underlined text for further information on the relevant topic.

1 Short Guide to Procedure on Detailed Assessment.

2 Transferring Detailed Assessment to the SCCO

3 Choice of Lawyer  

4 Time to bill 

5 Delay in lodging bill and sanctions.  

6 Relief from sanctions under CPR.3.9

7 Common Costs

8 Costs challenged to limit costs to notional scale.

9 Multi Party Costs - Sharing Orders

10 Costs Capping.

11 Recovery of Insurance Premiums inter-parties

12 Cost penalties for exaggerated claims.  

Conditional Fee Agreements

13 Statutory Instrument 2000 No. 692 
(not enforceable unless certain conditions satisfied)

14 Whether Conditional Fee Agreements (CFA) really justified when clients can buy 'after the event insurance'

15 After the Event Insurance Premium (see also The battle between the liability insurers)

16 CFA Covered Costs Applications for pre action disclosure

17 Payment of insurance premiums or their recovery

18 Recovery of insurance premiums

19 Success Fees - reduced

20 Fixed success fees for employers liability claims pursuant to Part 45

21 Re: Claims Direct Cases (SCCO 19th July)

22 Unenforceable CFAs champerty and maintenance

23 Success Fees - "quantum risks in success fees".

24 The battle between the liability insurers and the ATE (RSA) 'pursuit test cases'

25 Client Care Code

26 One Stop Shop. Two Stop Insurers

27 Alternative Dispute Resolution. Consequences of refusal and most recent Jersey Judgement

28 Jurisdiction to Assess Costs Summarily

29 Estimates of Costs and Relevance to Assessment

30 Objections to Payment of Costs on the Grounds of Conduct by Opposing Side (must be made to trial judge to reduce proportion of costs to be paid at time of hearing)

31 Remedies for Extravagant Conduct by Opposition

32 The Value Element in Costs

33 Cases involving money claims, where payments into Court have not been made in accordance with Part 36.3 CPR

34 Interest on Costs

35 No Interest on Overpaid Solicitors' Accounts 

36 Disclosure of Retainer Documents 

37 The Indemnity Basis 

38 Indemnity Costs Ordered Against Claimant for Failing to Write Letter Before Action

39 Power of the Court to Order a Party to Pay a Proportion of the Costs

40 Recovering Foreign Costs

41 Wasted Costs Order Against Whom?

42 Counsel's Fees Discounted

43 Benchmark - Fixed Costs and Costs Capping

44 Fast Track Trial Costs

45 Legal Aid for Business

46 Benchmark Costs

47 Public Direct Access to Barristers at Law

48 Costs of Applications for Permission to Apply for Judicial Review

49 Definition of an Expert Witness and Recoverability of Costs of Employee Expert

50 Claims Consultants

51 EU Mediation Changes

52 Rule 47 submissions as to costs before judgement

53 Trial Judge or Costs Judge

54 Proportionality and Sir Rupert Jackson's final report

55 New Regulations for Contingency Fees in Employment Tribunals

56 VAT and Duties Tribunal - Tax Chamber

57 Costs in Criminal Cases

58 Power to award gross sum in lieu of assessed costs

59 Interim Certificate for payment of costs

60 The Solicitors (Non-Contentious Business) Remuneration Order 2009

61 Part 36 Offers

62 Part 36 Offer Pre-Action

63 New Exception to 'Without Prejudice' Rule

64 Costs Management Orders for Construction Cases

65 Latest Updates - August 2012

66 After the Event Insurance

67 Costs of Representation by Non Solicitors

N.B. This list is NOT exhaustive.

Our contact details

[Please note our new telephone number:]
Tel: +44 (0)1892 534925
Tel: +44 (0)1892 529518

Email: vw@wigg.co.uk
Web Site: www.wigg.co.uk

Address: Head Office
22 Ashdown Close
Tunbridge Wells
Kent TN4 8DU

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