Civil Costs Update at KBW Barristers' Chambers, Leeds
It was great to see such a strong turnout at KBW Barristers’ Chambers Leeds last night for our seminar: Civil Costs Update. Lee Coulthard spoke on a variety of costs topics to an audience of Solicitors and Barristers following an invitation to participate in KBW Chambers’ CPD Seminar Series 2014 -2015.
Topics reviewed included the all new Part 36 (coming into force 6th April 2015) where key advice was given to amend any and all pro-forma documents, to reflect the new schedule numbering scheme, and the brand new provisions in respect of Part 36 offers were also discussed. The seminar moved on to consider success fees in “disease” claims following the decision in Dalton v BT bringing the decision firmly into the present day with an analysis of how this decision may impact disease claims in the current protocols. Disease claims that escape the current portal scheme are not subject to fixed recoverable costs. Broni v MOD was also considered. This case considered whether fixed success fees apply to members of the armed forces injured at work, with the decision being that they do not. The case has significant implications for police officers, civil servants, doctors in private practice and members of the judiciary who are not technically employees under employment law, as there will be no contract of service. The case was considered in light of the new pre-action protocols and it was concluded that the case could have a significant impact going forward on fast track value personal injury litigation. Be careful what you wish for!
The seminar also touched on the Consumer Protection Regulations and costs in light of consistent and regular objections raised by Paying Parties on the validity of a retainer signed at a Claimant’s home and concluded with a review of significant costs budget cases including Yeo v Times Newspapers, Havenga v Gateshead Foundation Trust and Kellie v Wheatley and Lloyd Architects Ltd the latter case where a payment on account of costs was awarded in the sum of £90,000 against a reduced budget of £91,700.
If you missed the seminar and would like a FREE copy of the slides and presentation notes, please contact Ilkley@johnmhayes.co.uk
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