Some good news about DBAs

The recent Court of Appeal judgment in Zuberi v Lexlaw Ltd [2021] EWCA Civ 16 has gone some way to clarifying the rules relating to Damages Based Agreements (DBAs). It is fair to say that there has been an extremely limited uptake of DBAs as a litigation funding option since the current rules were introduced…

New Rule on revising budgets –

Firms need to be aware of the new rules of costs budgeting that have come into effect from 1st October 2020. The revised Rule 3.15A says – 3.15A.—(1) A party (“the revising party”) must revise its budgeted costs upwards or downwards if significant developments in the litigation warrant such revisions. (2) Any budgets revised in…

Success fees Part 2

This is the next post in our series covering success fees and how firms can charge realistic amounts for their work and avoid the ever growing ‘check my legal fees’ industry. In the last blog we went back to the very basics of what success fees are. In this post we are looking at the…

Success Fees – back to basics 1

This is the first of a short series of posts that will deal with deductions from damages in Conditional Fee Cases. There has been a lot of talk about CFAs and in particular the calculation of success fees. This has largely been driven by the 2019 Court of Case of Herbert v HH Law [2018]…

RTA Costs after April 2021

It still looks like the whole world of Road Traffic Accident claims will change at some point in 2021 – April is the plan at the moment. The limit for Small Claims, and therefore recovery of legal costs, in all Personal Injury cases will go up to £2k. Alongside this, the limit for RTA claims…

Senior Costs Judge clarifies important issues!

A recent judgment from Costs Judge Gordon-Saker covers some interesting areas of costs recovery. Marbrow v Sharpels Garden Services Ltd [2020] EWHC B26 (Costs) raised three particular issues – 1. Are the caps on recoverable under 7.2 of Practice Direction 3E of the Civil Procedure Rules 1998, inclusive of VAT? The PD says – ‘the…

Costs work is for the costs experts

The role of the Costs Lawyer features in the recent report – Reforming legal services: Regulation beyond the echo chambers – from Professor Stephen Mayson. This wide ranging report covers all aspects of the regulation of legal services. In the report he highlights the specialist nature of legal costs work which is often carried out…

Another reminder to serve budgets on time!

A recent judgment reminds us – if reminder was needed – of the critical importance of filing a costs budget on time and to comply with directions. Heathfield International LLC v Axiom Stone London Ltd & Medicall Ltd [2020] EWHC 1075 (Ch) – Link The case involved an action against solicitors for unpaid medical fees…