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Costs estimates - don’t gamble!

July 1st, 2009

Pursuant to the Civil Procedure Rules, parties are obliged to serve costs estimates at allocation stage and listing stage. This applies to both fast track and multi track proceedings.
 
It has not been unusual for fee earners in past years to simply provide a very basic figure for the purpose of this exercise, very often [...]

Wolverhampton rates apply

June 23rd, 2009

Our Mr Fisher successfully persuaded a local District Judge that the  Wolverhampton guideline rates should apply, notwithstanding the fact that the Claimant’s Solicitors were based in Ipswich. The Claimant and Defendant both lived in Wolverhampton. The RTA occured in Wolverhampton. In the circumstances Mr Fisher relied upon the decision in Wraith v Sheffield Forgemasters. The [...]

Appropriate success fee for ‘quantum only’ cases

May 29th, 2009

What is the appropriate success fee for a case where liability is admitted at the time the CFA is signed and the only remaining issue is quantum? In the first instance, one would be wise to consult the recent Court of Appeal case of C v W [2008] which deals with that very point.
 
Forest [...]

Defendants cannot have ‘the best of both worlds’

May 29th, 2009

Our Mr Fisher has recently successfully defended a bill of costs in Birmingham County Court for a case where a lady was injured as a result of an accident at an exhibition centre. Liability was denied robustly by the Defendant and the Claimant’s early Part 36 offer of a 90/10 split on liability was rejected. [...]

Successful recovery of a 90% success fee in a fast track claim

May 29th, 2009

Our Mr Fisher recently persuaded a local District Judge to allow a 90% success fee in a fast track employers’ liability claim which settled for the relatively modest sum of £10,000. The case pre-dated the fixed success fee allowance for EL matters (25%) pursuant to Part 45 CPR. The District Judge accepted Mr Fisher’s submission [...]

To sue or not to sue, that is the question

May 29th, 2009

We have this month successfully recovered £150,000 in legal costs for a local firm of Solicitors who represented a Part 20 Defendant Third Party in complex multi-track litigation involving numerous Claimants and two well known banks. The costs of the Part 20 Defendant were, in reality, only a small part of the litigation which settled [...]

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