QOCS and counterclaims

Qualified One Way Costs Shifting was introduced as part of the civil procedure reforms in 2013. It is known, not necessarily with affection, as QOCS. The idea came from the Jackson reforms. It was effectively a trade-off. Insurers said that they would prefer to waive any claim for costs in return for not having to…

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…