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Costs Actually
25 October 2023
4 min read

Costs Actually

For centuries, a litigant's recurring nightmare of their costs bill can be found in a murky corner of every firm. Here, mischievous goblins weigh files, triple the weight, and calculate a figure by multiplying it with an arbitrary hourly rate determined by the senior partner’s mood of the day. The only perceived certainty is, that pound for pound, they will be paying a pound for every word in their legal documents. Therefore, the final bill is anyone’s guess. Read more...
Litigation & Disputes
The End Of Practice Direction 55C
13 July 2022
1 min read

The End Of Practice Direction 55C

With the welcome return to some kind of normality for us all, the last vestiges of Practice Direction 55C have expired. This means the impact of COVID-19 no longer needs to be discussed in particulars of claim for possession proceedings. The relevant property dispute commentaries and precedents have been updated to reflect this. The related paragraphs in the defence precedents will remain for a few months as we appreciate that responding to a claim may take some time.
Litigation & Disputes
Trial Bundles And Court Bundles
14 December 2020
1 min read

Trial Bundles And Court Bundles

New precedents have been added to the By Lawyers Family and Debt Recovery publications: The Family Court – Court bundle cover page and spine and Family Court – Court bundle index have been added to the Financial Remedy and Private Child Arrangements guides. The County Court, High Court and Appeal Court – Trial bundle cover page and County Court, High Court and Appeal Court – Trial bundle index have been added to the Debt Recovery guides. The precedents are customised for each court and comply with each court's requirements. The precedents will assist practitioners to create an indexed collection of documents that the parties rely on during the hearing. A properly compiled and indexed court bundle or trial bundle allows solicitors, counsel and the bench to easily navigate the matter.
Litigation & Disputes
Litigation – Costs Management And Recent Case Law
30 September 2020
1 min read

Litigation – Costs Management And Recent Case Law

With every new costs management practice direction comes a new spreadsheet and the 122nd Practice Direction update was no different. According to the revised Practice Direction 3E, Precedent T should be used from the 1st October to advise the court and other parties about variations in the costs budget during claims. Oppressive behaviour is also mentioned in the new practice direction and parties who believe that they are being pressured into spending money unnecessarily can apply to the court for relief. The By Lawyers Debt Recovery publications have been updated accordingly and Precedent T is available in the matter plan. The opportunity was taken to enhance the commentaries with recent case law discussions regarding: Security for costs applications relating to the economic consequences of COVID19. Reasonable adjustments which allowed a vulnerable witness to provide evidence. Choice of expert to provide evidence. The costs consequences of withdrawing a Part 36 Offer. The admissibility of ‘without prejudice’ material in limited circumstances. We invite you to explore the updated Debt Recovery – Acting for Claimant and Debt Recovery – Acting for Defendant publications. Comments and feedback are always welcomed.
Litigation & Disputes
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