I have found John M Hayes to be a very efficient, friendly and knowledgeable service and have been very satisfied with their services.
Fieldings Porter Solicitors
Hi and welcome to the Costs Round – Up
This week in legal costs news we have seen stories on Costs Budgeting, CFA switches, ATE Premiums (both sides of the argument) and QOCs as well as some in-depth soul searching on legal aid and stories of injustice from Sir Henry Brooke , QC
Ravi Aswani, Barrister asks: An Approved Costs Budget: a Ceiling or a Fix on Costs Recovery created at the End of Proceedings?
Rachel Rothwell writing in the Law Society Gazette explores proposals in a report from the CJC to extend QOCs to claims against the police and “follow on” PI claims where a Solicitor has given negligent settlement advice on an injury claim.
Not popular, it seems (despite the fact that many cases are not being brought because the potential monetary damages are too low to justify the excessive after-the-event insurance premium charged) with Rothwell concluding it is about as likely to happen “as England winning the 2018 World Cup.”
Irwin Mitchell Solicitors succeeded in overturning three decisions ( in Kai Surrey, AH and Yesil) in which they had been unable to recover success fees or ATE premiums paid following switches from legal aid to CFA at or before 1st April 2013.
Find out the story behind one of the successful appeals, from Barrister Gordon Exall, here.
Premiums also feature heavily this week in legal costs news with Master Gordon-Saker’s decision in Banks v London Borough of Hillingdon to reduce the ATE premium by 60% (from £24694 to £9375) being roundly reversed by HHJ Karen Walden-Smith, the designated civil judge for the county court in London, who found that the Master had misdirected himself and had fallen into the trap of considering an individual premium concluding “it was not for the master to re-calculate the premium without access to the whole basket of risk” as per the Court of Appeal’s guidance in the leading case of Rogers v Merthyr Tydfil CBC in 2006 which is in itself, a very interesting case.
On the other side of the argument, the NHSLA claim to be succeeding on challenges to ATE premiums reducing their costs out by £6m over the past four years.
We heartily recommend a series of articles by Sir Henry Brooke, QC on legal aid and injustice written out of hardship cases reported to the Bach Commission following the loss of legal aid in particular sectors.
Then take a look at this article confirming a gradual fall in legal aid providers over the past four years.
Company news sees Bristol, Cardiff, Chesterfield and Manchester Offices all adding new members to their costing teams with further recruits anticipated at Leeds, Norwich, London and the South East over the coming weeks of Summer.
We are currently finalising new plans to share our comprehensive training programmes and knowledge in a series of exciting and innovating projects using new technology – watch this space.
Here’s to a great weekend and until next week…
Friday 8th July 2016