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Motto v Trafigura [2011] EWCA Civ 1150

October 13th, 2011

The Court of Appeal has handed down the first of its decisions in respect of the cases heard by Master Hurst in the Trafigura Group Litigation. The decision covers many issues but of particular interest is the decision in relation to funding costs.
The Court of Appeal, including the Master of the Rolls, has held [...]

Interim Statute Bills

March 3rd, 2011

James Fisher has recently been involved in a reported case which conerns interim statute bills and ’special circumstances’ under Section 70 Solicitors Act 1974. See the full report here http://www.bailii.org/ew/cases/EWHC/Costs/2011/90200.html
If you have a Solicitor and client dispute and require assistance with this complex issue please do not hesitate to contact us on 01902 892636.

Costs estimates between Solicitor and Client

July 8th, 2010

We would recommend that all fee earners consider the judgment in the case of Reynolds v Stone Rowe Brewer (http://www.bailii.org/ew/cases/EWHC/QB/2008/497.html)
This case highlights the potential pitfalls of not providing a clear and accurate costs estimate to the client. Forest Costing Service has recently been involved in a number of assessments under Solicitors Act 1974 where the [...]

Successful costs recovery in £5m brain injury claim

July 8th, 2010

Our Mr Fisher recently negotiated and recovered costs on behalf of his client in the sum of £500,000 plus approximately £40,000 for statutory interest. The claim had been funded by way of legal aid.
Forest Costing Service are regularly instructed by Claimant firms in high cost catastrophic injury claims given our substantial experience and excellent record [...]

Defendant successfully challenged over ‘broad-brush’ disputes

March 23rd, 2010

Our Mr Fisher recently pursuaded a local District Judge to strike out a dispute which did not comply with Practice Direction 35 supplementing CPR Rule 47.9.
It is not uncommon for Defendant ‘costs negotiators’ to simply raise broad-brush ‘cut and paste’ disputes which do not state concisely the nature and grounds for the dispute, contrary to the [...]

15 years of service

January 8th, 2010

December was an important milestone for Forest Costing Service as it celebrated 15 years of trading. We would like to thank all of our clients, old and new, for their loyal support over the last 15 years.
Managing Director, James Fisher, commented that the company had enjoyed 15 years of success and growth notwithstanding the sad [...]

Successful appeal against order for disclosure

January 8th, 2010

In December Forest Costing Service Ltd was involved in a successful appeal against an order made in Wolverhampton County Court for disclosure of a Collective Conditional Fee Agreement. The Appeal Judge agreed that the document was commercially sensitive and that there was no need for the Deputy District Judge to look beyond the certificates on the [...]

The Solicitor as a Double Glazing Salesman!

October 20th, 2009

Following the revocation of the CFA Regulations in November 2005 paying parties are becoming increasingly inventive in finding ways to challenge the enforceability of retainers. One such potential challenge arises from an unlikely source – The Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc. Regulations 2008 (SI 2008/1816) which came [...]

Stop Press: Remuneration Certificates Abolished

October 14th, 2009

From 6th August 2009 remuneration certificates have been abolished. These are important changes and Solicitors will need to take action. The following link takes you to the Law Society’s information about the changes.
http://www.lawsociety.org.uk/productsandservices/practicenotes/remunerationorder/3331.article

Woolley v Haden Building Services

July 31st, 2009

Are funding costs recoverable on an inter partes basis? This has been an issue which has divided the costing profession for a long time.
Prior to the CPR, there was always a presumption that legal aid only costs were not recoverable between the parties. This was confirmed in the case of Hunt v Douglas Roofing. However, [...]

Client Testimonials

“We were so impressed with your performance that we would now like to instruct you to deal with a matter on our behalf.”
- Solicitor, Hull

“Mr Fisher is rightfully recognised as an expert in legal costs”
- District Judge, Worcester

“I have used Mr Fisher for a nubmer of years. He always delivers excellent results.”
- Solicitor, Birmingham